Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1846-04-16
T r. AL
Relative to the Half Breed Tract.
Iowa neutrality-suspicious. Court.
Joseph NVebster,) Plf. in Error.

Joseph webster,I Py: in Error.
Hugh r. Reid, Def. in Error.
This was a statutory action Of RICH,
originally instituted by Hugh II. Reid as.
Joseph Webster in the District Court for
Lee County. Iowa, to recover from Web
s,er the possession Of the N. E. of Sec.
lion IL, Township g. N. range 5 West,
containing 100 acres. and which is par,
Of the land commonly knownas the Half
Breed Tract. lying in Lee County and
containing 10000 acres.
History of the Title of Reid.
On the 9TH of August, 1924. Treaty
was concluded between the United States
aud the Sac and Fox tribes of Indians. by
which the latter coded 10 the u. S. all
their lands within the limits of the State
Of Missouri. and which Treaty contained
the felIo,cing reservation.
.It being understood that the small
tract Of land lying between the rivers Des
Moines aud the Mississippi. and the sec-
ton Of the above line between the Missis.
sippi and Dss Moines." (meaning that
section of line running from the north
west corner Of the State of Missouri, east
10 The Mississippi. which would run from
The river Des Moines to the Mississippi,
aud which section with said rivers bounds
a triangular peice of land containing | 10, :
geo acres) lis intended for the use of the
Half Breeds belonging to The Sac and Fox
nalions-they holding i,,however, by the
same s'le and in The same manner ,ha,
other Indian titles are held"
On the 30th. June. lS34 AN act Of Con.
gress was approved. relinquishing to and
vesling in the Half Breeds Of the Sac and
Fox tribes of Indians, who a, the passage
Of this act, were under the reservation in
the aforesaid Treaty, entitled by the In.
dian Title 10 the same. all The right, title
and interest which might rever, or accrue
to the U. S. in the land included in said
Reservalion-wiih power to said Half
Breeds TO transfer their portions thereof
by sale, devise or descent. according to
the Laws of the State Of Missouri. Mel
Their the Treaty or Act Of Congress nam
Ell the persons who were 10 take title
under the law.
On the 9Th January. 1898, the Terri
torial Legislature with view TO ascertain
who were the real owners of this Trac,
among the real owners. passed an act,
providing among other things for the ap
pointment of three Commissioners, who
should hold their sessions at the town OF
Mon,rose receive aad record the evidence
Of ali claimants, under The Act Of Congress
aforesaid. Of any interest in said lands
and who were required to report to the
Dislric, Cour, for Lee County, the resul
of their investigations and the evidence
received by them. This act. also provid
ed that said Commissioners should re
ceive 5000 per day, each for their servi
ces and which with all other expenses o
the Commission was to be paid by ;
sale of such portions of said Tract a
might be necessary to pay the same, sait
sales TO be made on the order of the Dis
lric, Court or Judge in vacation.
Under this law two Of the Commission
ers actually served for near year an,
until January 25th. 1899. at which ,im'
the Territorial Legislature repealed lh'
- &C, Of January l6h, 1888. No sales o
land had been made at tina, time to defray
: the expenses Of said Commission. IL
meet this contingency the act Of January
IS. 1899. enacted as follows:
"Sec. 2. That the several Commits
sioners appointed by. and under tina, aci
> 20 sit and take testimony may immediate
ly or as soon az convenient commenc
actions, before the District Court Of l.e
County for their several accounts. agains
the owners of the said Half Breed land
end give eight weeks notice in the Glow
Territorial Gazette" to said owners Il
such suits and the Judge Of said Dis,ric
Court upon the trial Of said suits befor
it. at its next term shall. il said account
are deemed correct. order judsmen, fo
the amount and costs 10 be entered II
against said owners: and said jndgmef
shall be lien on said lands and right {
redemption thereto. Said judgment whe
entered shall draw interes, at the rate {
twelve per cent. per annum."
:. Sec. 3. The words Owners Of I'll
Half Breed Lands lying in Lee County.
shall be sufficien, designation and sp'
: cifica,ion of The defendants in said suit,
. Sec. a.. All the expenses necessaril
incurred in the discharge Of their dn,ie
under The above named acts shall he il
Guided in their accounts.
Sec. 5. The trial Of said suit or suit,
shall he before the Cour, and not Jur
and this az, shall receive a liberal col
strnc,ion," &c.
Under this law, two Of the Commi
sinners. Edward Johnston and Dav
" Brigham. each recovered judgments in II
District Cour, of Lee County, Iowa, y
s.The owners Of the Half Breed Land
living in Lee County. the former f
1920 O0-,he latter for sSlS 90.
$, The jurisdiction Of said District Cour
~ and Supreme Court Of Iowa. is TINS d
fined in the act Of Congress creating II
= Territory. (Sec. g. "And the said S
preme and District Courts shall possess
Chancerv as well as \ common law juri
" dic,ion"
On the 26lh November. 1871. exec
tons were issued u.s. 1.-THE owners Of Il
Half Breed lands living in Lee County
on both Of said judgments, one Of whi'
executions was levied as follows: I'D
cember LIST. lS TO levied the within ex