MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The first question which presents itself on this record is as to our jurisdiction. The suit, although in form by the State to cancel its patent to Jackson, was in reality between Hastings and Jackson to determine which of the two had in equity the better right to the land in controversy by reason of the locations of school warrants under which they respectively claimed. There was no dispute about the grant...
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