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HEATH V. WALLACE, 138 U. S. 573 (1891)

U.S. Supreme Court

Heath v. Wallace, 138 U.S. 573 (1891)

Heath v. Wallace

No. 528

Submitted January 9, 1891

Decided March 2, 1891

138 U.S. 573


The question whether or not lands returned as "subject to periodical overflow" are "swamp and overflowed lands" is a question of fact, properly determinable by the Land Department, whose decisions, on matters of fact within its jurisdiction, are, in the absence of fraud or imposition, conclusive and binding on the courts of the country, and not subject to review here.

Whether or not a survey made by an officer of the State of California is a "segregation survey" as defined by the act of the legislature of that state, approved May 13, 1861, is question on which this Court will follow the decision of the highest court of that state.

The federal question is stated in the opinion of the Court.

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