Page:Federal Reporter, 1st Series, Volume 9.djvu/383

368 fEDEEAL BEPOETEE. �the act of Congress approved March 3, 1875, and note the differ- ence between that act and the first paragraph of section 629 of the Revised Statutes, with regard to promissory notes, negotiable by the law-merchant, and bills of exchange. But the petition or cross-bill in this case alleges in substance that the party plaintiff has been collusively made for the purpose of bringing the case witliin the ju- risdiction of this court, and this presents an issue or showing under the sixth section of the act of 1875, to which the plaintiff ought te reply. �The demurrers herein filed will be sustained, except so far as the issue just referred to is concerned, and that will leave the petition or cross-bill substantially a plea to the jurisdiction, on the ground that the plaintiff Marvin has been collusively made a party, in order to give the court jurisdiction. �Costa of the demurrer to be paid by the defendant. ���Sioux City & St. Paul E. Co. v. Eice. �St. Paul & Sioux City E. Co. v. The Samb. �[Circuit Court, D. Minnesota. November, 1881.) �1. SwAMP Lands^Aot of Congbess— Wheh to Take Epfbct. �Title to swamp land was not vested by the act of congress of September 28, 1850, until the admission of a territory into the Union. Hence, the state of Min- nesota not having been admitted into the Union at the date of the passage of the act granting lands to the territory or future state of Minnesota for the con- struction of railroads, approved March 3, 1S57, a grantee of the state, by virtue of the acts of the legislature approved March 8, 1861, and March 4, 1864, has a good title as against one whose title depends upon the proper construction of the acts of congress approved September 28, 1850, and March 12, 1860. �E. C. Palmer, for complainant. �John B. e W. H. Sanborn, for defendant. �Nelson, D. J. This suit is instituted to establish the superior right of the complainants to the land in controversy. The equitable title is claimed to be in the complainant and the legal title in the defendant. The defendant's title is derived from the state of Min- nesota by conveyanoe under the authority of an act of its legislature, the land being described a8 swamp, and certified to the state as swamp lands belonging to it by virtue of the acts of congress approved Sep- tember 28, 1850, and March 12, 1860. The complainant's title is claimed to be vested under the act of congress passed March 3, 1857, ��� �