New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-13
THE COURTS.

The suit OF kepnerS Eelrs against the
United States, wherein the plaintiffs claim
az immense tract of land in Louisiana by
right of purchase from the Spanish govern
menU, was decided by Judge Durell, of the
United States District Court, and veXed
question extending through long years of
litigation settled. As number of suits are
now pending involving the legitimacy of
sales made by Intendant Morales, of the
Spanish government, and in which the same
questions arise, we append the decision
entire:
The plaintiffs are the heirs Of William
kenner, who, on the fifteenth Of june 1914,
bought one equal third part of 30, 900 arpents
of land from George W. Morgan.
The entire tract of 10000 arpents had
been bought by George w. Morgan from
Morales, the Intendant OF the Spanish
province of West Florida. on the twenty
third Of April, 1894.
This title relied on in this case is pre-
cisely of the same nature as that declared
to be valid against the United States by the
Supreme Court of the United States in the
late case of the heirs of Lynd Va. tire United
States. II Wallace, 632
The land lies il what was then called the
district of Baton Rouge. which was long a
q subject Of discussion between the United
States and Spain, which was terminated
only by the cess ion of the two Floridas. by
the treaty between the uaited States and
Spain, Of February %, 1917"
The land was regularly applied FOR, sur
veyed. then appraised. the appraised value
paid for and a complete title Issued,
Subsequently, in obedience 10 an act Of
Congress of the twenty fifth Of April, 1872,
this title was recorded in the Office Of the
commissioner for land claims west of Pearl
river, and reported on by him adversely. as
were all claims of that description.
Under the act of Congress of June Il,
1914, the heirs of Samuel Elkins. who like
William Kenner, had acquired a interest
il said purchase of 10000 arpents, the heirs
of William Kenner and other parties who
had acquired the remaining interests under
George w. Morgan under said purchase. in
stituted suit in the District Court of the
United States fer the Eastern District of
Louisiana against the United States, for the
confirmation of said title to 20, 900 arpents,
which suit, after having been decided by
said District Court in favor of said plain
titfs, was, on appeal TO the Supreme Court
OF the United States, dismissed FOR want of
Jurisdiction or the grounds stated in the
decision of the Supreme Court of the United
States in the analogous case of the United
States VS.. Keynes, reported n Howard's
Rep, 2. i27.
This case Is claim for the confirmation
Of Cne-third of said claim Of ;i00 900 arpents,
the former claimants in the aforesaid suit
under the act of Congress Of June II.
1915, having failed to renew their claim to
the remaining two-thirds Of said claim
under the act of Congress Of June y,
1860 the heirs of William Kenner having
alone done so for their third.
And as it further appears from the GER
t;ficates OF the proper authority Of the
United States, that all the lands embraced
under the aforesaid sale Of Intcndant No
raIes to George w. Morgan, have been dis
posed Of by the United States, and can not
bo recovered III kind, it follows that this
case IS IN every particular and characte-
istiC identical with that of the heirs of John
Lynd, reported in Il Wallace, 632, and must
be decided ID accordance with such de-
cision
BY the terms Of the sale Of the fifteenth
o. June. 1914, from George w. Morgan to
William henner, the equal third sold to tho
latter was to be taken from the upper, that
is the northern part of said entire tract of
10000 arpents, and as it appears from the
certificates Of the proper public officers that
all the land with said third part of upper
ten thousand arpents has been disposed of
by the United States, with the execution of
1920 acres, patents must be issued for that
quantity. and that as the whole tract of
10000 arpents IS at the proved proportion
of 81 to the arpent to 100 to the
acre, equivalent to $500 acres certificates
quantity, less the amount OF 40 acres,
being the quantity of 100 acres which
is shown to be recoverable in kind.
1t is therefore ordered. adjudgcd and de.
creed that the title to the said ten thou
sand arpents is valid against the United
States; that the plaintiffs are entitled to re-
cover patents from the United States for the
south half of the northeastern quarter of
section twenty-six, township two, south
range three east, containing eighty acres,
and for the east quarter Of the northwest
quarter of the same section, township and
range. containing forty acres.
1t is further ordered and decreeG that the
plaintiffs recover certificate of location
from the United States for the amount OF
eight thousand two hundred and eighty-one
acres, to b. located upon any public lands
of the United States. subject to private en-
try under the sixth section Of the act of
Congress of July -, 1860.
An indictment has been presented to the
United States Circuit Court by the grand
jury against Charles Cummings, Thomas
Tuckstock and Thomas Butler, part of the
crow belonging to the vessel d. w. Chap
man, for resisting wilfully Mr.. D. A. Wood
ward, commander of said vessel, in his COM
mand, by striking and beating him upon
the head ar 4 gtbe., r@vtl rf Va bn1v"