Oliver Wendell Holmes, Jr.

“ Surely, if it be the rule in Indiana that the construction of a grant made by the state of its public lands is to be controlled by the state statutes, it should not now be held that a grant by the United States of its lands situated in Indiana is not to be construed by the statutes of the United States, but by the rules of conveyancing applicable to private grants. ”

“ It is unnecessary to elaborately demonstrate the elementary proposition that the United States, under the Articles of Confederation, was the owner of the public domain, however acquired, and that, since the adoption of the Constitution, the United States had also possessed, in full proprietorship, the public domain, from whatever source its title has been derived. ”

“ The defendants claimed title under patents, based upon the Wolcott survey of 1875, of lands once part of the bed of the lake. Despite the fact that on the plat of survey the lake was meandered, and there were no sectional corners to which the lines could be protracted, the court held that the case was covered by the Tolleston Club decision, because it was deemed that the field notes showed that it would be possible to protract the lines so as to make regular and complete sections, and it was therefore held that the owner or the border lots was entitled to the adjacent land under water as well. ”