Stanley Matthews

“ The very theory of the case of the plaintiff in error is that, because the officers of the land department have neglected or refused to perform their duty in determining the question of fact on which the validity of its claim depends, it has an equity to require the investigation to be made in a court of justice, which ought to have been made by them, so that if, in point of fact, the lands claimed passed under the terms of the grant, the legal title wrongfully granted to the defendant may be decreed to it. ”

“ The state of Iowa adopted the alternative of making its own designations of lands claimed by it as corresponding to the description of the grant, and passed, at different times, laws directing by whom they should be made. A statute of 1853 required a full and complete return of the examination and survey of the swamp and overflowed lands, when completed by the county surveyor, or other person appointed for that purpose, to be forwarded to the secretary of state, whose duty it was to report the same to the surveyor general. ”

“ It is true, the surveyor general, under instructions from the department of the government, submitted forms of proof; but his instructions required that the proofs made should be transmitted to his office for approval, and to aid him in making up the lists of lands embraced in the grant, which is not shown by the evidence to have been done. So far as the evidence shows, the list constitutes no more than the claim of Buena Vista county, which has never been recognized, approved, or allowed by any department of the government. ”