Smith Thompson

“ The grammatical construction would undoubtedly refer the improvements to the lot on the west side of the street, and would be carrying into effect what is believed to be the general course of policy in most of the United States, of giving a preference to the owner of land on the shore of navigable streams of water, to the right and privilege of the land under the water between high and low water mark. ”

“ It only vests in the city of Mobile all the right and claim of the United States to all the lots not sold or confirmed to individuals, either by this or any former act, and to which no equitable title exists in favour of any individual, under this or any other act. If, therefore, the second section applies to the lot in question at all, it is excepted out of the first section. That the second section does apply to this lot, has not been and cannot be doubted. ”

“ For there is excepted out of the act, all cases where the Spanish government has made 'a new grant,' or order of survey for the same, during the time at which they had 'the power' to grant the same: in which cases the right and claim of the United States are vested in the person to whom such grant or order of survey was made, or his legal representatives. ”