New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-08
Spanisb lIand Titles.

Tho Supreme Court OF inc Un1oo0 SSete0
rendered decision, on Monday. in the case
Of James L. D. Morrison OF 81. vs. william
II. Benton.
This i ono Of the several suits instituted
bv Colonel Morrison, Of this CITY, for the
possession of 5000 arpepts Of land in our
euburbe. This land lies west OF the County
Insane Asylum, along the River Dee Peres,
and includes tho whole town Of Webster.
ON the Pacific railroad.
The suit against Mr.. Benton was brought
To recover possession of the undivided two.
thirds of about 800 acres in the tract of
land before mentioned. Mr.. Benton pur-
chased the property about fifteen years ago,
and paid $il0, 900 for it. He has since i'm
proved it considerably, and 1t has risen in
value in the regular pr0eaoss OF affairs un-
til it is now worth $4,000 There are
some ten or fifteen suits pending against
other owners Of the 5000 srpente, but the
decision in tho case against Mr.. benton
virtually settles all of them.
Colonel Morrison claimed title to tho
land as one of the legal representative OF
Gregoire Sarpy. having married that gen
tleman's granddaughter, and bought her
sisters interest. This gave him the inter
,,st of two out of the three heirs of Gregoire
Sarpy.
Tho litigation arose in c0nsequuce OF the
folio wing circumst ances: The 5000 arpents,
it was claimed, were conceded to Gregoire
Sarpy October q, 1902, under Spanish Al
thority, BY Delaseus, lieutenant governor
| and cOmmandantin-chief of upper Louis
iaoa. In 1902 Spain oeaed to France tho
territory of upp-r Louisiana, and in 1908
| Il wss ceded by France to the United States.
It was claimed by the plaintiff in tho esse
| that tho cession made BY the Spanieh gov
ernment was void. because Spain did mot
own the country 1t that time, but France
did. A secret treaty had been made, and
| its provisions were not known until the
upper Louisiana. After the change Of gov
ernment, Congress, at different times,
pessed laws to adjust titles to land and for
their confirmation, as, BY treaty with
| Frsnoe, the government Of the United
| states was bound to do. A board Of com
missioners was appointed in 1905, and all
| unadiusted claims came before them for
confirmation. Gregoire Sarpy presented
| his claims before that board, and they re
fused to recognize it, asserting that 1t was
not . valid claim. In the year 1907 there
| vss another act of Congress passed, enlarg'
| ing the powers and duties of the board. Thu
same claim came before the board, and II
was again rejected.
| A resolution was then passed by Con-
press, requiring Frederick Bates, the re-
corder of land titles in this district, t.
| report all claims of unadjusted land titlel
in Upper Louisiens. This was done BY Mr.
Bates in 1916, and Congress confirmed, By
| an act Of its own, all claimants in their 70
sDective claims, a. reported by Mr.. Bates
This claim of Sarpy's for square league oi
land in this district was among those re
ported, and it was confirmed. The ownel
of this land became involved in difficulties
and in 1908 Pierre Choutesu obtained judg
ment against Gregoire Sarpy, took an e1ecu
tion, and had the land sold by the sheriff Il
satisfy tho same. Mr.. Chouteau became
the purchaser, and in course OF time h
conveyed the title to Wilson p. Hunt. The
latter conveyed to John ]. Astor, and 90 i
passed by direct chain of title 20 Mr.. Ben
ton, the defendant in tho suit. No paten
was issued to 0regoire Ssrpy or bis lega
representatives a. the time of the coudrma
ton, and in 1642 Congress passed an act di
recting the proper of6ceIb OF tho govern
meut to make and deliver patent to Gre
goire Sarpy, or rather to his legal represen l
tatives, he having died In the year 1874
Through some insdvertSuCe this paten
was not issued antil the year 1863, and thei
Colonel Morrison claimed that he and hi
wife were the legal representatives OF Gre
goire Sarpy.
The case was tried in the United State
Circuit Court Of this district, before Judge
Dillon and Treat, when the plaintiff
claimed that they we're the legal represent
atives of George Sarpy, and were the Con
gressional grantees of tho land through tn
act of Congress approved August IL. 184s
and the patent issued in obedience theret
; on February l, 1869. Tho defendant
claimed that by the purchase an
conveyance he was tho legal repre-
tentative of Gregorie Sarpy, and b
relied ON the same evidence {
title furnished by the PLAINTIFF; II
, defendant, also pleads the statute Of limit
tions-ten years adverse possession. Th
! decision of the United States Circuit CouI
, ves in favor of the defendant. An appe'
| was taken to the Supreme Court OF th
} United States, and in the early part Of La
month it was argued before the court ,
Washington BY Colonel J. L. D. Morrise
] for the plaintiffs, and by Judge John !
4 | Krum for the defendants. The decision
. the lower court in favor Of the defsndsn
was affirmed. :,
t AZ before stated, this decision virtual
: settles the point raised in several 9th
, land suits, brought under color Of Spanil
Q titles, and in which millions Of dollars q
involved. Tho case Was conducted o.
4 | e,~u>A 18th unarkA6 a1&litR Aa both ai6A0,