1085). Citing, Buford v. Houtz, 133 U. S. 320 (10 Sup. Ct. Rep. 305). The state may grant the exclusive use of its lands under water, but until such grant is made the right to enter and fish upon it may be exercised by all the citizens of the state. Polhemus v. Bateman, 60 N. J. L. 163 (37 Atl. Rep. 1015). A grant of lands by the public will be construed most strictly in favor of the people and against the grantee. Trustees of Town of Easthampton v. Vail, 151 N. Y. 463 (45 N. E. Rep. 1030). For construction of grants of land in the state of Illinois to the inhabitants of the parish of the Immaculate Conception of Kaskaskia, see President of Kaskaskia v. McClure, 167 Ill. 23 (47 N. E. Rep. 72). Act of Congress, Sept. 4, 1841, construed and applied—grant of "internal improvement land" to the states-title and selection. Godwin v. Davis, 74 Miss. 742 (21 So. Rep. 764). U. S. Rev. Stat., § 2477, construed and applied-grant of right of way for highways over public lands. Walcott Tp. v. Skauge, 6 N. Dak. 382 (71 N. W. Rep. 544). Particular entry of public land held insufficient. State v. Calloway, 119 N. C. 864 (26 S. E. Rep. 46). As to validity and conclusiveness of a Mexican land grant and the powers of a prefect, see De La Guerra v. City of Santa Barbara, 117 Cal. 528 (49 Pac. Rep. 733).

Sec. 713. Construction of local statutes. Cal. Stat. 1871-72, p. 622, construed and applied-defective application validated. Klauber v. Higgins, 117 Cal. 451 (49 Pac. Rep. 466). Ill. Acts Jan. 15, 1831; Feb. 4, 1851; Oct. 20, 1871, construed and applied-grant of lands to Cook county for public buildings. Cook Co. v. City of Chicago, 167 Ill. 109 (47 N. E. Rep. 210). Nev. Gen. Stat., § 1949, cl. 10; Stat. 1891, p. 148, §§ 40, 55, 59, construed and applied-sales of land acquired by county by purchase at tax sale. Lyon Co. v. Ross, Nev. (50 Pac. Rep. 1). N. J. Gen. Stat., Vol. 3, p. 2790, pl. 21, construed and applied-construction of deed by riparian commissioners. Polhemus v. Bateman, 60 N. J. · L, 163 (37 Atl. Rep. 1015). Tenn. Laws 1819, ch. 54; Laws 1821, ch. 9, construed and applied-certificate of register of land officer-signing of grant by governor. Hitchcock v. Southern Iron & Timber Co., Tenn. (38 S. W. Rep.

588). For the construction of numerous Tennessee statutes in regard to the assignment by an entryman of land platted and surveyed by him, see King v. Coleman, 98 Tenn. 561 (40 S. W. Rep. 1082). Wash. Act, March 10, 1891, construed and applied-compensation of land agent for appraising and selecting timber land. Strobach v. State, 17 Wash. 123 (49 Pac.

Rep. 225).

Sec. 714. Statutes amended and new statutes. Ala. Laws 1899, p. 116, provides for the recovery of state, lands not legally patented and for settling disputed titles. Cal. act Mar. 24, 1893, § 5, regulating the sale of swamp and overflowed lands is amended by Laws 1899, p. 182. Fla. Laws 1899, p. 102, confirms the title of railroad companies to lands granted to the state of Florida for railroad purposes by Act of Cong., May 17, 1856. Ida. Rev. Stat., § 2214-issuance of deeds to occupants of town sites entered under laws of United States-amended, Laws 1899, p. 141. Ida. Laws, 1899, pp. 72-79 defines the powers and duties of the state board of land commissioners and makes general provisions for the sale, rental and management of the public lands of the state. Ida. Civ. Code, §§ 3132-3134, 3140, 3141— acquiring rights of way and easements for the development of mines-amended, Laws 1899, p. 350. Ida. Laws 1899, p. 439-state board of land commissioners to accept deed from mortgagor of lands in certain cases. Ind. Laws 1899, p. 398, provides for the survey and sale of certain swamp lands by the auditor of state. Kan. Gen. Stat. 1889, par. 5769-leasing of school lands-amended, Laws 1899, p. 423. Kan. Laws 1899, p. 430, provides for the correction of defective patents for state lands. Kan. Laws 1899, p. 494, vacates certain town sites and portions of town sites. La. Laws 1899, p. 112, amends and re-enacts Laws 1890, Act No. 152, providing for the sale of school indemnity lands. Mich. Laws 1899, p. 250, sets aside certain swamp and overflowed lands bordering upon the great lakes and the bayous thereof for a public park; p. 261, provides for the sale of unpatented swamp and overflowed lands in Clay township, St. Clair county. Mont. Laws 1899, p. 87, makes provisions concerning the appraisal, sale and leasing of state

lands, and repeals numerous statutes. Neb. Laws 1899, pp. 300-315, makes general provisions concerning the registration, leasing, selling and general management of school lands and repeals Comp. Stat. 1897, ch. 80. Nev.Act Mar. 12, 1885, § 8— selection and sale of lands granted by United States to state of Nevada-amended, Laws 1899, p. 124. N. M. Laws 1899, pp. 156-166, provides for the creation of a board of public lands and prescribes their duties as to the leasing and management of public lands. Or. Laws 1899, p. 57, confirms titles of purchasers of tide lands from the state. Or. laws 1899, pp. 156-164, is a general act providing for the selection and sale of state lands and for the management and investment of the funds arising therefrom. Tex. Rev. Stat. 1895, art. 4218q-sale of school landsamended, Laws 1899, p. 149. Tex. Rev. Stat. 1895. art. 4218y -sale of isolated and detached lands-amended, Laws 1899, p. 235. Tex. Laws 1899, p. 259-an act to validate and quiet titles to public free school, university and asylum lands sold prior to Jan. 1, 1899; to provide for patents and to pre-: scribe limitations for bringing suits for the recovery of such lands. Tex. Laws 1899, p. 310-issuance of patents to certain land purchased under Rev. Stat. 1895, tit. 87, ch. 11. Utah Laws 1899, pp. 85-94, creates a state board of land commissioners, prescribes their duties, and makes general provisions concerning the selection, location, appraisement, protection, sale, rental and general management of the public lands of the state. Utah Laws 1899, p. 165-preference rights to settlers on school lands. Wash. Laws 1899, p. 47trespass on public lands-penalty. Wash. Laws 1897, ch. 89, § 30-preference right to re-lease state lands-amended, Laws 1899, p. 77. Wash. Laws 1899, p. 120-appeals from board of state land commissioners. Wash. Laws 1897, ch. 89, §§ 48, 50, 51, 53-sale of tide and shore lands-amended, Laws 1899, pp. 132, 138, 225, Wash. Laws 1899, p. 155—sale of alloted lands by Indians.

QUIETING TITLE.

EPITOME OF CASES.

Sec. 715. When the action will lie and who may maintain it-Statutes construed and new statutes. A court of chancery has no jurisdiction under Ill. Rev. Stat., ch. 22, § 50, to establish an existing title without reference to any need of quieting it or removing a cloud upon it. Harms v. Kransz, 167 Ill. 421 (47 N. E. Rep. 746). An action to quiet title is not the proper remedy for an irregular levy of an execution and sale thereunder; the injured party should apply to the court wherein the judgment was rendered to have the sale set aside. Rhode v. Hassler, 113 Mich. 56 (71 N. W. Rep. 461). The action will not lie to compel a determination of the adverse claims of title of third parties. Sulphur Mines Co. v. Boswell, 94 Va. 480 (27 S. E. Rep. 24). One may maintain an action to quiet title to the stone on a certain tract of land. Tenney v. Hatch, Ky. (41 S. W. Rep. 559). One claiming title by adverse possession may maintain an action to quiet his title. How. Ann. Mich. Stat., § 6626, applied. Vier v. City of Detroit, 111 Mich. 646 (70 N. W. Rep. 139). And the holder of such a title acquired by a quitclaim deed has "record title" within the meaning of Mass. Stat. 1893, ch. 340, § 1, so as to enable him to maintain proceedings to quiet title. Ex parte Connolley, 168 Mass. 201 (46 N. E. Rep. 618). A bill in equity is maintainable for cancellation as a cloud on title of a forged deed, which, upon the strength of a false certificate of acknowledgment made by an officer duly authorized has been put upon record. Alexander v. Davis, 42 W. Va. 465 (26 S. E. Rep. 291). A deed of trust conveying "all interest" one has in a certain lot may be cancelled as a cloud on the title of the owner thereof, although the interest of such grantor is held under a tax deed describing a portion of the lot which is so small that it is impossible to locate, possess, or use it. Glos v. Furman, 164 Ill. 585 (45 N. E. Rep. 1019).

Where one seeks to quiet his title against one holding and asserting a valid lien, he cannot do so unless he pays or tenders the payment of the lien. Reed v. Kalfsbeck, 147 Ind. 148 (45 N. E. Rep. 476). A grantee in a deed cannot maintain an action to have his title declared bona fide against a defendant who already has an action pending in another court against such grantee, to have the deed declared void as a fraud upon creditors. Troy Fertilizer Co. v. Prestwood, 116 Ala. 119 (22 So. Rep. 262). A plaintiff in possession may main. tain an action against one out of possession claiming title but who has exerted no possessory acts upon the land which would confer upon the plaintiff the right to test his title by an action in ejectment. Penrose v. Steelman, N. J. Eq. (38 Atl. Rep. 807). Where a wife who left surviving her a husband and two children, by her will directed her executors to improve and lease her property until her younger child shall become of age, at which time the husband should take onehalf of the property and each child a fourth, the rents being paid to them in the same proportion in the meantime, it is held that although the husband took a vested interest in one-half of the land, her executors could maintain an action to quiet title to determine the validity of an execution sale of his interest in the land. Christofferson v. Pfennig, 16 Wash. 491 (48 Pac. Rep. 264). Construing and applying Ind. Rev. Stat. 1894, § 251, which requires every action to be prosecuted in the name of the real party in interest, and § 1086, which authorizes any person having the right to recover possession of real property, or to quiet title thereto, in the name of another person or persons, to prosecute either action in his own name, it is held that the two sections must be construed together and a grantor in a warranty deed cannot maintain an action to quiet title in his own name against third persons claiming an interest in the land paramount and adverse to his grantee. Chapman v. Jones, 149 Ind. 434 (47 N. E. Rep. 1065). In Arkansas, "any person claiming to own land that is wild or unimproved, or land that is in the actual possession of himself, or those claiming under him, may have his title to such land confirmed and quieted by proceedings" provided for by Laws, 1899, pp. 134-136. Fla. Laws 1899, p. 127, provides that, without a previous determination of the title at law, "a bill in equity may