The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-02-28
TERMS OF THE CRESCENT.
NE w RLEANS:
WEDNESDAY MORNING, FEBRUARY o. 1s4o
Supreme Court of Louisiana.


III IN lne United states, and
Gnence OF this ultimate dominion the United States
nave the power to grant that SOIL while in possession
the grantees. subject to the Indian right occupancy
FELIX AND DRAUsIN BREAUx Us. JOHNS g. KLEINpE
TIRE. 3pDedL from the SiLM judicial District Court
Parish of IberUHe. No ll9S in the Supreme Court.
RosT, H.. Per curtain This suit for SANDER of title
in which the defendants have justified the ISLANDERS alleged
and pleaded title in themselves.
The plaintiffs claim under patent issued certificate
of purchase from the United States as authorized by the
presumption law of 1884,
The defendants aege that they possess under the PRINT
tive owners of the SOIL the Chemacha Tribe of Indians by
virtue of lease and transfer made 1907 to their ancestor
yea by s said Indians for and
s who have been made to appear their national
in controversy in themselves having been the owners and
thereof far back tradition authentic history
through generations of their that their
ens 5 n Of said land when the
reigny over the Territory of Louisiana that the French
apd by the treaties of Paris and San defonso bound the
United States Government to do the that the United
Louisiana, at the time Of her admission into the Union
acknowledged the title of the waanto the land
survey OF ALLEVIATE said land, without their consent
defence was sustained in the Court below, and the
In 1863 ibsTyie landed at Biloxi crossed to and
forks of the Chetimsehas lnow Bayou fafoufche1 and
Bayou Plaq1emne The country was then in possession of
mine the Bayou Laourche as far as can be ascertain
ed This Martins bn1s. HIT st. Of Louisiana vol l. I42 IA
many old inhabitants of the country II proved that this
the hs
mine adjoining the land controversy and that they
& P% sfGs e hs Shs f9
@ ben & he
application made to the Board Of Commissioners in 1907 for
% a Boa Te Hd nads sd
controversy, was rejected.
R ALSO the
"Reboul gg. Nero" Martins Rep 400. which turned
upon the title of this tribe of Indians to the village on
Bayou Jacob
lands sas Indian spanish
granted full ownership t and that the 5 en5 en
We are not prepared to give an unqualified those
Upon the discovery of the American continent the prn
cipe was asserted or acknowledged BY all European ma
title to the Government by whose subjects or by whose
snm n8 bS against the 0n he%e
different nations of Europe respected the nights OF the natives
a. Be M Johnson e
SAB Worcester State of Georgia, Peters, 5l5 Fletcher
Spain besides claiming as other nations by right of dis
covey rested her title the soil upon the higher sanction
to be divine the Pope Alexander vi granted TO- Ferdinand nd
their subjects on this Continent and the Islands adjoining
ana eap To- e. ean be mo-
from the words used has it been doubted by the
Courts or Government Of Spain that it was absolute and
GO ERE whether not they o. oeeop as
Solozano was uaicO absolute dsao de erras, monies
We must there ore ascertain whether the laws of Spain
after the discovery of America restored the natives to the abb
soute ownership Of the land allotted to them there being
Isabella her will that when she and her husband
Ferdinand applied to the Pope fer the grant already
convert them s to ChtaDy In Of those OBJ
s ordained by the hw t 81 SSS f
be compelled to dwell in villages where they might more
S & no & and the
tuof the title Of the Indians TO the lands allotted to them
& and M shsf @ S IN the oca Indiana
could dispose Of those lands without express auhoI
manenty from the village reverted to the Crown not BY
but by tine eGd be altered o sad
changed with he Of ihe King q the bs
Nos AZ. u.s. When the population Of the villages had
greatly diminished in numbers the remnants OF several WI
ta1ed to hold only Sc much Of the land Originally apart
for them as hey stood IN need o. in evidence
that the Paseagpga and Biloxi tribes Of indians mad thus
Of the Chootaws with the of that tribe These
atons substantially the same as were enforced py
United States since the Revolution In Louisiana. the
other States the Of the Indian title was not such as
to be repugnant to the right OF ultimate IN the soVe
reign Of the country In the of Martin johnson ct
It, book s hs q f could
lands well other people That law only says that In
and provides that the sale must in ali pain Of
nulity be made at public auction after thirty days adver
feed their right Of occupancy and that the authorization
of the to sell in the nature OF grant and
In the case Of Mitchell ct al u.s. the United States 18th
esd he 1n eae into
Spain sns hf % tribes Indians she
absolute title il the Indian tribes But such treaties were
that applicable to the one under consideration
y BE int the n S
of this ultimate dominion they have the power to grant that
S fish Of occupancy GTs Fletcher IS Peck '
find that the Chemacha tribe Indians had three yilage,
two Of which hav been ey me
The evidence in the record going TO show that me M
claim was g% Se mase e be-
with those laws that two such grants should peen %
B a eam to be valid The United
grant the land subject to the ngnt OF ~ %
e sna sn as the plaintiffs are entitled to
possession of it, under their patent o,ns;asrsa ,be
Indian title that light they have claimed the mgh s o.
pe%pSn BY virtue OF EN- ,pS snd he ey
the land in controversy 70 be situated fo tho Irdi,ns
as warantos is preposterou They well as those under
whom they claim well knew that the e under which fney
an absolute nuity. from which no lega eec's
It is therefore ordered that the judgement in this case be
lifts that the said plaintiffs aueted in their pos
session and title to the lot described then petition agahs
all claims pretensons IF the defendants II Is larthel
ordered that the claim of the defendant In warranty De
dismissed and that said defendants costs in both courts
q. Labauve for plaintiffs and appellants; Edwards iol
defendants and appelees. -
A judgement in favor of mortgage may be enforced
against any other property of the judgement debtor
partial satisfaction of judgement does not author
ze the en- lining OF the whole judgement, ana
will be allowed for the unsatisfed portion OF the DEBT.
o. b. CoBB AND WIFE ps. WIN R. HYNEs AND SHERIFF
6ppedi from the Tenth Judicial District Court Partsh
Of Madison. .SLIDELL j.. Plaintiff enjoined the exc
cution Of judgement obtained against them by Hynes
which recognized his right mortgages Of tract of land
2Ann 5. An execution issued under that Judgement