[DOWNLOAD] "Crews Et Al. v. Burcham Et Al." by United States Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Crews Et Al. v. Burcham Et Al.
- Author : United States Supreme Court
- Release Date : January 01, 1861
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The Circuit Court enjoined the defendants against prosecuting the action already commenced, against bringing any fresh actions, and against every other interference with the plaintiffs' rights. And thereupon the defendants appealed to this court. Mr. Arrington, of Illinois, and Mr. Baxter, of Virginia, for appellants. The treaty did not proprio vigore give to Besion a title, legal or equitable, in this particular land, and the deed to Armstrong carried nothing, either by estoppel, by relation, or by virtue of the act of Congress. Jackson vs. Woodruff, (1 Cow., 286;) Livingston vs. Peru Iron Co., (9 Wend., 520;) Blake vs. Doherty, (5 Wheat., 362;) United States vs. King, (3 How., 786, 787;) Bullock's Case, (10 Eliz., Dyer, 281, cited 2 Co. Rep., 36;) Hayward's Case, (2 Co. Rep., 36;) Stukeley vs. Butler, (Hobart, 174;) Bacon's Abridg. Grant, H., 3; Sheppard's Touchstone, 251; Haven vs. Cram, (1 N. Hamp., 93;) Canning vs. Pinkham, (id., 356;) Vandenburgh vs. Van Bergen, (13 Johns, 217;) Jackson vs.Van Buren, (id., 525.) The case of Doe vs. Wilson (23 How., 457) is not against the appellants. Grantees under a treaty are not tenants in common with the United States; and if they were, they could not convey particular portions of the common property to other parties. Litt., sec. 292; Comyn. Dig. Estates, K. 8; Fisher vs. Wigg, (1 Ld. Raym., 329;) Fleming vs. Kerr, (10 Watts, 444;) Ross vs. McJunkin, (14 Serg. & R., 364;) 1 Story's Equ., sec. 634; 4 Kent, 368; Duncan vs. Sylvester, (24 Maine, 482;) Peabody vs. Minot, (24 Pickering, 329;) Fletcher vs. Peck, (6 Cranch, 142;) Johnson vs. McIntosh, (8 Wheaton, 543.) The appellants are protected by their character of bona fide purchasers. The record was no notice to them, because it was made before the patent; and the deeds, as recorded, contained no definite description of any land. Monroe vs. McCormick, (6 Ire. Equ., 85;) Farmers' Loan & Trust Co. vs. Maltby, (8 Paige, 361;) State of Conn, vs. Bradish, (14 Mass., 302;) Moore vs. Hunter, (1 Gilman, 331.) Mr. Carlisle, of Washington, and Mr. Niles, of Illinois, for the appellee. The provisions of the treaty amounted to a solemn grant to Besion, and to his heirs and assigns, of a half section of land. Such grants have been recognised as assignable in numerous cases. French vs. Spencer, (1 How., 228;) Landes vs. Brant, (10 How., 348;) Stoddard vs. Chambers, (2 Pet., 316.) The act of Congress passed May 20, 1836, (5 U. S. Stat., 31,) declares that where a patent has been issued to a person dead before the date of the patent, the title shall be vested in the heirs, devisees, or assigns of the patentee, and this act has received a judicial construction entirely favorable to the view of the appellees.