Hawk-eye. [volume] (Burlington, Iowa) 1843-1845, 1843-12-21

lands as Indian lands are held. The
tract so reserved was surveyed in 1882,
under the authority Of the general gov
eminent, and found to contain Ia, 900
acres, which was divided into legal SUBJ
divisions. In June. "a, by an act OF
Congress, the interest of the govern.
ment was relinquished, and the per-
sons interested were shereupon author
lied to dispose of the same in fee SIM
pie. A large number OF the ha!f-breeds,
perhaps majority of them, have sold
their interests.
The great difficulty about the title to
the lands, has arisen from the fact
that the names and number Of the half
breeds were never known. snot even to
their kindred nations. The words of
the treaty are general-"to the half
Breeds" and as the Sacs and Foxes
have roamed over and occupied a vast
extent of country, even from the sour
ces of the Mississippi, at the north, to
the tributaries of the Arkansas, at the
south, and the Rocky Mountains at the
west. it is utterly impossible that the
number or identity of the half-breeds
could be ascertained. While it is said
by old settlers, that the number of half
breeds, at the conclusion of the treaty,
was less than fifty, claims numbering
more than one hundred have been pre-
scented.
As the lands were held IN COMMON, a
petition for partition of them into
shares, was filed by number of per-
sons claiming interests therein, at the
April (lS4O,) term of the U. S. Dis
trict Court Of Lee county. This petit
ton was drawn up and filed in accor-
dance with the acquisitions of the gem
eral partition law of the Territory. This
law requires that all known owners of
the lands to be divided, be made par
ties, and if it is believed that there are
unknown owners, notice Of the fling
of the petition, &c. must be given 10
all persons interested, TO appear and an
swer said petition on or before the first
Gay of the court. or that tic rToreed-
ings had in the case would be binding,
&c. forever. This notice was given
in due forms- at the October term,
1910, of said cours, no pi sons Having
appeared TO answer, fur fRer time, I'm.
til the April term, lS4l, was given.
At this term, large number of persons
appeared and answered. For the pur-
pose OF preventing internnnable delay
In the adjudication of claims, the parties
who appeared upon record entered into
compromise by which it was agreed
that one hundred and one claims should
be admitted, and the land divided into
a similar number Of shares, and aIot-
ted among its several claimants. The
number of shares represented on the
record were about 1870 or 40, and
thus part were thrown off to effect
the above settlement. Upon this rep
resentation having been made to the
court, decree was rendered, confirm
ing the claims admitted by the aforesaid
arrangement made by all the parties
before the court Commissioners were
chen appointed TO survey and partition
the lands. They performed the duty
assigned, and made report to the court,
which was confirmed at the October
term, AZ. An allotment of the lands
among the above one hundred and one
owners, was made as provided for in
the statute, at the same term, and there.
upon the court rendered judgement
that the partition made "be firm and ef-
fectual forever"
Subsequent to this proceeding,
number of persons, who claimed some
four or five shares in the land, but who
were not included in the decree, and
whose claims, it was commended, were
barred by their neglect to file their an
swer to the petition as required by law,
filed bill 10 set aside the decree, for
fraud. An application was made by
the claimants at the same term Of the
court, to restrain the decree owners
from going into possession of the lands.
This, after full discussion before
Chief Justice Mason, was refused. AT
subsequent term of the said court, a
motion was made by the counsel of the
compliments to refer the whole ques-
ton of fraud actual and constructive to
Jury. An issue, to try the question
of fraud, was, after argument, SO direct.
ed. The Venue was changed from the
lst to the I'd judicial district.
O. H. Browning, of Quincy, ILL.,, NJ.
d. Browning of Burlington, and W. G.
Woodward, of this place, were the
counsel for the compliments, and Reid
& Johnston, oe Fort Madison, Il. T.
Lowe, and S. G. Hastings, of this
place, for the respondents. The trial
of this cause commenced on Wednes-
dav of the second week of the term, and
on Saturday of the third week, the jury
retired. They remained out all night,
and having advised the court that 1t
was impossible for them to agree, were