(DOWNLOAD) "Carondelet v. Saint Louis" by United States Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Carondelet v. Saint Louis
- Author : United States Supreme Court
- Release Date : January 01, 1861
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Mr. Hill, of Missouri, for plaintiff in error. The case involves the construction of the act of Congress of 1812, under which Carondelet claims. This act gives the land specifically and unconditionally to the inhabitants of Carondelet. Their title was perfect without a survey, and therefore it could not be divested by the survey of 1834. Bird vs. Montgomery, (6 Mo., 511;) Chouteau vs. Eckhart, (2 How, 421;) Guitard vs. Stoddard, (16 How., 494;) West vs. Cochran, (17 How., 416;) Carondelet vs. McPherson, (20 Mo., 192;) Carondelet vs. St. Louis, (25 Mo., 448;) Milburn vs. Hortez, (23 Mo., 532;) Staniford vs. Taylor, (18 Howard.) The out-boundary survey directed by the act of 1812 has been held by the Supreme Court of Missouri not to be conclusive against the claimant of a common-field lot outside of such survey. Gurno vs. Janis, (6 Mo., 330;) Page vs. Scheibel, (11 Mo., 167;) Schultz vs. Lindell, (24 Mo., 567.) Whether Brown's survey was a survey of all the land confirmed to the inhabitants of Carondelet was a question of fact, but the State court decided it as matter of law, and defeated the act of Congress by giving to the survey an effect which it was not entitled to have. Moreover, Brown's survey was illega and fraudulent, because it was not made under instructions from the Commissioner of the General Land Office, as the act of 1824 requires. Besides, the survey of 1821 did include the land in dispute; there was never any appeal from it; it was duly made, and is conclusively binding on the United States. Minard's Heirs vs. Massey, (8 How., 294,) which is relied on as sustaining the view of the State court as to the effect of the acceptance of the survey of 1834, has no application to this case. The Spanish law was in force in Upper Louisiana when this right originated, and continued in force until 1816. By that law the commons could not be alienated without the consent of Congress. 5 Partidas Law, 5, tit. 5. And the same rule prevails under the common law. Cincinnati vs. White's Lessee, (6 Peters, 432.) The express authority, therefore, of the Missouri legislature was necessary to enable the trustees of the inhabitants of Carondelet to divest their title by accepting a survey.
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