The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-11-09
U. 3. District C0urt.-District Of
Minnesota
MICHEL LARIv1ERE Us. JAMES MADIaAN.


MICHEL LARIvIERE Us. JAMES MADIaAN.
This is an action of ejectment. The
property involved is the northeast quarter of
the southeast quarter of section nine, town.
ship ITO, west OF range ten, containing forty
acres of land, more Or less, according to the
government survey, situated in what is
known as the " Half-Breed" Tract in the
State of Minnesota. The title is claimed
by virtue of scrip location under the act
of Congress of July II, 1854, and by the
defendant, by virtue of pre-emptiou entry,
conferred under the act of Congress, of Nav
10. 1858, which is amendatory of the pre-
ceding act.
A special verdict was taken at the June
Term of this court, in 1860. 1t appears
from this verdict that the plaintiff was a
Half Breed Sioux, and beneficiary under
the treaty of Prairie du Chen, made in
July, 1880. The ninth article of this
treaty reads as follows:
"The Sioux bands in council having earnestly
| solicited that they might have permission to
bestow upon the half. breeds of their nation the
tract Of land within the following limits, to wit:
Beginning at place called the barn, below and
running back fifteen miles thence in a paral.
lei line with Lake Pepin and the Mississippi,
| about thirty.twO miles, to point opposite
Beef, or o. euf, Race; thence fifteen miles to
the Grand Encampment opposite the river
| aforesaid. The United States agree to suffer
said haf:breeds to occupy said tract of country,
| they holding by the same title and in the same
manner that other Indian titles are held."-U.
!. Statutes at large, Vol. Z, page $50.
In July, 1854, Congress passed an act
authorizing the President to exchange with
half-breeds, benefciaries of the foregoing
treaty, for the tract of land described above,
giving each of said half breeds certificates
or scrip for the same amount of land each
would be entitled to in case of division of
the reservation, pro rata, among the claim
ants upon full and complete relinquish-
ment to the United States of all their right,
title and interest to the said tract of land
(Which said certificate or scrip, lin the
language of the acD may be located upon any
! of the lands within said reservation not now
occupied by actual and bona jide settlers of the
Half Breeds or mixed blOods or such other
persons as have gone into said Territory by
authority of law, or upon any other unOccu
pied lands subject to presumption or private
sale, or upon any other unsurveyed lands, not
reserved by Government, upon which they
have respectiv ely made improvements: PTOU,
died., etc.
In accordance with the provisions of this
act of Congress, the plaintiff on the 9th
of March, 1857, executed a REIMBURSEMENT
of his right, title and interest in and to the
said reservation and received his certificate
or scrip, and on the 18th day of August,
1857, located at the Faribault land Office,
Scrip No. 81, B. for forty acres, upon the
property in dispute, fully complying with
the instructions of the General Land office.
On the 10Th day of May, 1858, Congress
passed an act amendatory of an act OF July
II, 1854, as follows:
"The act of July II, 1854, is hereby
amended -
so that the body of land known as the Half
Breed tract, lying on the west side of Lake
Pepin and the Mississippi river in the Territory
of Minnesota, and which is authorized to be
surveyed by the said act of 1854, shall be SUBJ
| ject to the operation OF the Laws regulating
the sale and disposition of the Public Lands;
and settlements heretofore made thereon are
declared valid, so far as they do not conflict
with settlements made by Half Breeds; and
that the settlers shall have the benefits of the
location at Half Breed scrip thereon after the
date of the settlement Notwithstanding. Pro-
vided, &C." (See U. S. Statutes at Large, vol.
ii, p. 1921
The defendant settled upon the land To-
Gated by the plaintiff on the 9th day of
October, 1855, and under the act of May
19, 1858, effected pre-emption entry on
the I'd day of June, 1859, of the s. E. II of
section 9, town ITO, range 10, West, which
embraced the 40 acre tract aforesaid, and
| olo n 70 kL, lo:o
The principles involved in this case are
not new. They have frequently engaged
the attention of courts, and have been fully
decided.
The location of the land with the scrip
under the Act of Congress of July II, 1854,
passed the fee out of the United States, and
vested it in the plaintiff as grantee. The
scrip and application became the instru-
ments of title" and conferred upon him the
LEGAL title as effectually as could have been
done by the issuing of patent.
The defendant sets up an EQUITABLE title
only, to wit: certificate of presumption
entry. In actions at law, the legal title
must prevail and the equities of the parties
cannot be enquired into. The location with
the scrip being, in my opinion, equivalent
to patent, gives a better title than the
-empton entry. See 18th Peters, SIG.
Goth Howard, $685. 18th Howard, 568.
18th Howard, "a. I'd johnson, N. Y.
Reports, 84-222. These authorities settle
this case, as no equitable title can be set up
in ejectment in opposition to the legal
estate.
Judgment upon the special verdict is
therefore given in favor of the Plaintiff.
R. R. NELSON,
U. S. District Judge.