This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1857 Excerpt: ...lots did not pass; and this exception is
sufficiently shown by the acts of the Government." And again: "The
statute did not protect the possession of the defendant below. His
patent excepted those lots; of course, he had no title under it for
the lots excepted." Until the case before us was reversed for error
by the district judges who conformed to the above decision, I did
not suppose that any one could doubt the correctness of the
decision. Bogardus, in 1838, took a grant from the United States,
subject to Forsyth's right, thereby rcgnising it, and consequently
from that time he held it in subordination to Forsyth's title. If
it be admitted that the fee did not pass to Forsyth until the
patent issued in 1845, the patent nad relation back to the act of
1823, and operated from that time. The report of the register
defined the boundaries of the lot as specifically as the survey, by
reason of which, the lot was as well known, it is presumed, to the
public, before the survey as afterwards. This may not have been the
case with all the lots. Let any one read the patent to Bogardus,
and ask himself the question, whether the United States intended to
convey the lots to which the patent was made subject, and the
answer must be, that they did not. By the act of 1823, they granted
those lots to the French settlers, who, by the report of the
register, were entitled to them under the act of 1820. It would
have been an act of bad faith in the Government, after the act of
1823, to convey any one of those lots; and, on reading the patent,
it is clear they did not intend to convey any one of them. It is
said, suppose the French settlers had not claimed the lots, would
not Bogardus have had a right to them? Such a supposition cannot be
raised against the fact...
|Country of origin:
United States Supreme Court
||246 x 189 x 16mm (L x W x T)
||Paperback - Trade
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