The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-03-14
THB COURTS.

SUPREME CoURr or rHH UNITED STATES
Presumption in Louisiana Hndsv tie act Of 1874
Judgment asa bar 10 Subsequent Aofiow David
M Hnghes, Appellant, %. Ths United Sfates.-
This 10 an appeal from the Circuit Court Of the
United States Tor the Eastern District o. Louisiana.
The action is TO vacate patent 10 public lands In
Louisiana, formerly The Territory Of Orleans, and
10 compel It's surrender for cancellation. II pro.
ceeds on the ground that the patent was In viola.
tion Of vested rights, and that It's existence impars
the ability Of the Government to fuhl Its engage
ments 70 parties having such rights.
By the Court-Mr. Justice Field delivering the
opinion;
By the act Of Congress Of April 18th, 1914, every
person who had inhabited and cultivated tract Of
land lying In that portion Of the State Of Louisiana
which had composed tho Territory Of Orleans, or In
the Territory OF Missouri, whore the land was not
rightfully claimed BY any other person, and who
had not removed from the State or Territory, was
entitled 10 the right Of presumption In the purchase
Of the land, under conditions and regulations pre-.
,oribed BY preyicn, act passed with reference TO
The same right was extended by the act 70 the
legal representatives Of the original occupant. I'm
der this act Goodbee, in 1872, applied 10 the regis
ter and receiver Of the land once Of the district 70
become purchaser Of tract supposed 70 contain
about one hundred and sixty acres which had been
cultivated and occupied BY one Beedle, In 1919,
under whose settlement he claimed. His right TO
pre-empt the tract was recognised by tho officers,
and, the required price being paid, the usual Ger.
tihcate was Issued 10 him. The land at this time
aengna'ee ~ 10y 70, 4, unaere sPec,ai y ,es,
II was some years later before the general system
Of surveys into ranges townships, and sections
e..enosa oyer ns county enn Nneh ,nls y,.em a
was extended the legal subdivision embraced about
nNeon scre, IN ekcoss over me one nunoieo sna
n Ivy 40 tps esoesS as paN ol tse or,sinn IV''
tons Of the General Land Once also attached. AT
NV umo No msoe tno ohuy uVoeoee w. IN w
open anu eAoiusNe Possesson OF tns Premi,ses, sno
el'ner ne or nls Bran'se' suDsequen'iy communal ~
suen Possessioh, anu ouiuIa.eo Tue ianu hna
efec.e ,os ssa as ,mPtOyemenn ~, tneteon.
IN 100 .ne Lnuent, ~ ms PiVc'a . ~, o,
1srea me sne OF .ne pubic isncs OF tne ais,rc'
me P,ooiamahoh va. genera IN ~ term, omo,ao
ing sn .ne leuus, Wnnou. eAcoPuns suen nsu
oeen pieviousy P,e-emp.ea OF Iese,vea, ~. the
paioes PreemPteu 81 resor,ou were aengnse@ "
roPsr on'nes IN tns ies,s'er oI Tue ,anu ouaoe'
ins uao' occupea " aooaoeo wn mus oensna'eo
ana W." NOT one'oa ~ 'no Puoho sa' "n'cn '0ok
p'ace' i'm, 49,,
In 1880 hughes entered tnis tract AZ private
'aie, aenshatng ~ ~ section, townsnlp ana range
Inc proper DESCRIPTION under tne competed puo-
nc survey. Inc omcers Oh 'ne sna once, over
S HV% INC o,ns %I IN Tvs assonPuOn me
isct snA' inc tract haa peen prenousy SOLO 70
oooapee, gave MN tne u,uai eerunoete OF purchase
ana Peyment upon wnen, IN april iosi' patent
va hsa ~ oy tne NJ yn,.ea s's.e,
us 70 'Aente .nis patent .n ane comPei ~ suIen-
ger IoI eanoenAion tnAt tne presen' sSt otousns.
~ PI9eeeus upon 'ne sIounu tns. tne Pa'eht was
msuou IN Eioiauon Oh inc ,gnu OF vooeoeo, OF par
es IenB ue unse, MN, anu tnA. ~ eh ,s,,
i"PaIs 'ne Huniy VI 'n' 'o'e'nineu' W iu'ni i''
enSasem0nw 70 nun; ,o,,
~ me aet o. april lelt, inc united ets.es nsd
eA'snueu 70 nun tns P,WIoso9 81 PuIonang tne
ano, ana mao Prescrlpeo tne moue Of proceeuing 70
maze MAKE 'ne PuIcnne, ana naea ,ne Pseeto oe PMo.
Mhsn tnis MODE was pursued ana tne price was
Paid contract M% competed between MIN ana tne
4 SoNeinmenS "nien 'no ,atea was pouna 70 e1eeute
| py auansier OF tne tue; Inc patent 70 hagnes,
suDsequen.y nsueu, e,ooa IN .ne way 81 an emcien'
anu yust ehscuuon OF tn,s eon,rsc'. lv oPer,uon
was ether 70 dvest tne United states Oh the legai
title or oy eouaing the tue 70 impair the security
when wouid o.nerwise now from tnen conyeyanoe'
when tnis case was mere on demurrer n HOW.
oooi jackson " LAYTON, ~ 1onn., zoJ tne patent
was CONSIDERED py me court 70 DC Do wand instru,
| ment possessing inc zee Of tne omteo ssa'es, ana
untn annuliea as rendering tnem inoapsple Oh com
PLYING win ,nen engagement 70 aoodoee OF ms
ensnees Mhe,ner regarded In mat aspect OF as
voiu instrument issueu without autnority, IL was
oertanly p'ipaa yaeie uanslAtive Of .ne ute ana
.noleiore W. tne pam guy ING oni.ea o'a,e'
70 seek 70 Vscate ana annuI inc instrument, 10 tn'
snd mat thoir previous engagement might DO ial'
Allied BY the transfer Of elsat title the only atl'
ih'enSou ior .no puronaser " 'ne aot VI Hongress
anu Tue power ., court Of equity, ~ us decre'
70 Naea'e nnu Annui me patent, unaer me eircum
stances OF tnls case, Is unaouoteu. hehet whet
ueeas Of oLher lhsstumenu are executed oy mistake
or inaaVeilence Oh agepts, mwel as upon hise sug
gesuons, common neaa Oh equity jurisdiction
And the patentee cannot complain OF the pro
ceeding, iof the open, notorious ana exclusive pos
session OF the premises by the parties claiming IN
der doodoee' when the patentee made MS entr,
ana received the patent, was sumoient 70 put mn
upon inquiry Us 10 we interests, ,egai OF equitable
held BY them and II he neglected TO make the in
quiry he is not entitled to any greater considera
tion than II he had made 1t and ascertained tn
actual facts Of the case.
Court Of Louisiana-one in an action brought b.
him against sewall, and one In an action brough
against him BY sewal and Hudson-eonstituted n
bar to this suit. Tho hrst case was ejeetmen
against sewall, who was at the time In the occu
patton OF the land and judgment passed In Hughes
favor, on the ground that the court could not, u