New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-04-01
The Case Of DuggiDs.


To The Editor Of The TribuHe:
have seen in your paper of the 22d inst. that
my wellbeloved cousin Joseph is Of opinion that the
lease under which he has occupied and enjoyed his
farm for years furnishes evidence of title las against
HIM in his landlord, and 10 action by the latter for
possession is to be entirely dsregarded that in an &C.
ton 10 the rents II be used If al ALL for the
sole purpose Of determining the amount due. lie
think that his deliberate admission (a admis
sions taken TO be deliberate until the contrary is
proved) in writing, affords evidence against him
that its only possible effect to raise the presumption
that he Joe) lied and put the landlord at
proof OF his title.
his own proper hand that his landlord owned the farm,
and having by virtue of that admission obtained and
joyed possession OF it for years ought not in the first
instance TO require proof OF what he has thus soemny
acknowledged to be true agree with my respected
relative that the law ought 10 be altered but cannot
believe the lease should be set aside altogether think
II should be pimd facie but not conclusive evidence OF
title No doubt Joe should be permitted TO prove
against the lease and in spite OF it. that the premises did
not and do not belong TO the lessor But 10 allow him
TO say to his landlord in the absence OF all proof Of de-
feet in the title You never owned the fsrmyOu must
make your title against me by other evidence than
the lease might operate great injustice 10 the landlord
and encourage Of possible) rascslty in joe
Have you properly considered Mr.. Tribune the opera
ton OF Joes rule In other matters and the changes in
the law Of evidence that would result from its adoption
Now joe only the last Fall bought ten acres OF wood.
land OF Farmer Smith, for which he gave his proins
sorry note for $500 He did not pay the note at maturity
and Farmer Smith sued him. The trial came on last
week. Farmer Smiths lawyer read bis writ and the
note and there stopped. Joes lawyer showed that the
note was given for deed Of the ten acres and demand
cd nonsuit the ground that Farmer Smith had not
proved that he actually owned tho land and had given
good title. The Judge declined to order nonsuit but
told Joe be might prove failure Of title and that such
proof would constitute defence. Joe ui.sitd.
DEggiasism would have required nonsuit
Respectfully, WIN. DUGGlNS.
" Very well, William; We shall very gladly
take the instalment of justice you concede to be
proper whenever We can get it but it still ap.
pears to that the claim Of one to own millions of
acres Of lands which other men must live on is
like the claim to own human being of nature
which demands positive erideaos to support it, aud
not merely proof that somebody supposed such own
ership. We do not think it at all similar to the
case Of a house, horse or antthing which must
naturally be somebody property as wild land need
not, and in our Judgment should 10, be. We think
proof that one man has settled aud improved
patch Of wild land should give him presumption
of title until some other maf showed something
more than presumption againS it. ES TrB,
FROM SANTA FE.-Fron Bents Eor.-A letter
received in this city yesterday from Bents Fort dated
the LIST of February, written by man who had charge
OF the Government stock near Taos al the time Ct the
recent nsurrecton, confirms the report heretofore pub
hshed by US, OF the killing of Governor Charles Bent
stephen and Elliott Lee, and the American citizens and
several Mexicsns, at that place.
The writer in letter TO his relative says that after
the massacre the Mexicans commenced stealing the
stock he had in charge, and having learned what
RACES they bad committed In Taos, he hed 10 Bents
Fort The letter puts end TO the nope entertained
here that the report might have bean exaggerated
founded. 81 Louis Republican, March 10.
FRon HAvAsA.-The brig Adams, Gray, arrived
on Sunday night from Havana having sailed the 18th
inst BY her we have papers to the 18th
In the Diaro de Ia Habsns II Is announced on the
authority of letter from Topic q the 18th February,
mar an expedition Of Americans Was abouito attack The
fsc. coast of Mexico consisting Of 1850 soldiers and
more 70 N 1000 sailors. Guaymts Mazailan and San
bs "ele ,necaied as the first points Of attack after
possession had been taken OF boil Californas.
IN. o. Plea.
H We understand that fleet Of tow boats
from New'fork are al anchor a, New Baltimore wait.
Ing the opening OF the river to proceed to this city
Alb. Argus.