The New York herald., 1875-06-12

the judgments she Court may have transcended
Its Jurisdiction. Nothing mofe need be added.
Suniclent has been said TO snow that IN our
opinion the plaintiff mas been denied no right
or immunity secured to hIm Dy the constitution
error In the record it Is one OF which tbis Court
can take no cognlzance. The Judgments affirmed.
No. l39 Lawrence Langdean, Dlaintin In errpt,
for the southern District OF Illinois. Mr.. Justice
Field delivered the opinion of the Court, OF which
the following Is an abstracL:-
the commonwealth OF Virginia, I'm an act OF her
Legislature passed on the Goth Of October, 1888,
authorizing ner delegates in. Congress to execute
title and claim, as well OF sou OF Jurisdiction, TO
the territory northwest OF the River Ohio, pro-
yided that the transfer should be subject TO yari-
Gus conditions ana, among Others 10 this one,
.'Tnat the French and Canadian inhabitants and
the nelghb0rng villages, VINO nave professed
themselves citizens OF Virginia, snail nave
their possessions ana titles confirmed TO them,
ana be protected In the enjoyment OF their rights
and lloerties;n and that the deed executed by the
delegates embodied the act OF Virginia held that
the acceptance OF the decd by the United states
imposed upon them the duty OF performing the
condition and giving the protection stipulated ,
and mat 10 confirm the possessions anu titles OF
the Inhabitants was 10 give 10 them such lurtber
assurance as would enahle them to enjoy nncls-
their property in the courts OF the country as fully
ana completely as II their titles were derived di-
rectly from the United States. by an act passed
on the 2otb or March, 1901 Congress required
claims to lands within certain deslgnatei limits in
the territory north OF the ohio and east OF the MIS-
French government prior to the treaty of Paris Of
the 10Th OF February 1903, or by the British gov
the treaty OF peace between the United states and
Great Britain on the Sd OF september, 1888, TO De
presented with plat OF the tract or tracts
claimed, TO commissioners, designated by the act,
for examination, VINO were TO hear all matters re-
specting such claims ana decide thereon accord
Ing to justice and equity,n and transmit a tram
script oil their decisions made IN favor OF the
claimants TO the Secretary OF the Treasury
by whom they were TO be laid before CONGRESS.
nraGnnIn1
one on behalf OF the heirs of Jean Baptlste Iongas
Tor 204 acres, situated IN the neighborhood or
sion from Virginia as st. Vincent, such claim
being founded upon an ancient grant TO their an
cestor. The commissioners decided in layor or
the heirs ana confirmed their claim, ana trans
mitted transcript OF their decision TO the Secre-
tary OF the Treasury, by whom Il was laid before
decision AMI all other decisions in favor OF per-
sons claiming lands in the district o. Vincennes,
contained in the transcript transmitted TO the
Secretary OF the Treasury, were confrmed.-Held
that tins confirmation was the fuhment OF the con-
ditlon stipulated In the deed OF cesson. lar the
claimants were concerned, and was authoritative
recognition by record OF the ancient possession
and title OF their ancestor and gave to them full
assurance OF the validity or that possession and
title; ana that tho subsequent clause OF the act
providing for the issue oil patent to the claim
did not Impair this effect OF the CONFIRMATION. In
the legislation OF Congress patent has double
operation. lt Is a conveyance by the govern
meat wnen the government has any in
terest TO convey, but where it Is issued
upon the COMBINATION OF a-Clatm OF previously
existing title IL Is documentary evidence, having
the dignity OF record OF the disposition or that
title, or OF sucn equities respecting the claim
justify its recognition and confirmation. A legls-
latiYe confirmation or claim TO land Is a
recognition Of the validity OF such claim,
and operates as efiectually as grant or
QUIT claim from the government. IL the claim DC
20 land with defined boundaries, or capable OF
identificatIon, the legislative confirmation per
lects the title TO the particular tracf, and suose
quent patent Is only documentary evidence OF tnat
title. II the claim be to quantity and not 10 spe
clfc tract capable OF Identification, segregation
by survey viii be requiled, ana the confirmation
Will then Immediately attach the title 10 the land
segregated. In this case the claim OF the heirs OF
Tongas. confirmed by the acl OF 1907, was not sur
veyed until 1920, aud the patent thereon was not
issued until 1872 Held, that II the ancient grant
10 Tongas was or defined tract the
title OF the neiIs was perfected, assuming
tnat previously had only an equitable inte est
upon the passage OF the confrmaIory act OF 1907.
H. however the grant was OF certain qnantity
OF land tnen unde1hed andlncapable Of identihca-
ton, the title became perfect when the quantity
was segregated by the survey made in 1920, and
that no title was conferred by the patent, and
that an adverse possession OF the premises by the
defendant under claim and color OF title made IN
good faith with payment OF the taxes legally as
sessed thereon, after the title OF the heirs was
perfected, as mentioned above, and before the
patent Issued, continued within the period pre-
scYbed by the Statute OF Limitations OF Illinois,
was a bar TO any recovery py the helis upon the
patent. Affirmed