United States v. Morrison

Background

The federal government sued to quiet title to a school section of land in Oregon after the State sold the same land to private parties. A field survey was made in 1902 and approved by the Oregon surveyor general in 1903, but the national land office asked for supplemental field notes and did not accept the survey until January 31, 1906. Meanwhile, the Secretary of the Interior withdrew the land for forestry purposes on December 16, 1905. The State issued sale certificates on October 10, 1906, and a deed on January 9, 1907. The buyers claimed title from the State; the government claimed its earlier withdrawal prevented the State from taking title.

Reasoning

The Court addressed whether the State’s right to the designated school section became fixed before the federal forestry withdrawal. The Court explained that the State’s title does not vest until the survey is officially completed and approved under the Department’s rules, not merely approved in the field. Because the withdrawal occurred while the survey was still awaiting final approval by the Commissioner, Congress (acting through the President and Interior Department) retained power to dispose of the land. The President’s later proclamation enlarging the forest reserve did not nullify that earlier withdrawal or create a contrary result. The result was that the United States, not the private buyers, had the superior claim.

Real world impact

The decision means states do not get absolute title to designated school parcels until the federal survey process is fully finished and approved. Federal withdrawals or reservations made before final survey approval can block state title and invalidate later state sales. The Court left open other questions about extinguishing reservations or later restoration of lands to the public domain.