Henry Billings Brown

“ As no question is made but that the land upon which this building is situated belonged to the Russian government, and that the building was erected in 1845, by permission of the emperor, for the use of this company in the storage and sale of its furs, and for other trading purposes, and was so constructed of heavy, hewn logs as to be incapable of removal, no good reason is apparent for excepting it from the ordinary rule which attaches such buildings to the realty. The presumption is that buildings belong to the owner of the land on which they stand as a part of the realty. ”

“ The weight that has been given to contemporaneous construction has never gone to the extent of holding that the title or ownership of property may be changed by the action of executive officers appointed to carry a statute or treaty into effect.
The case of Comegys v. Vasse, 1 Pet. 195, relied upon by the petitioners, is readily distinguishable from the case under consideration. In the treaty with Spain for the cession of Florida, the United States undertook to make satisfaction of certain claims of Spanish subjects ”

“ More explicit words than those used in article 6 to distinguish between the property of associated companies, 'corporate or incorporate, Russian or any other,' and merely 'private individual property holders,' could scarcely be chosen to express the determination of both countries that the cession should be free, and unincumbered by any reservations, privileges, franchises, grants, or possessions of incorporated companies. ”

“ The bill, however, was amended upon the floor of the senate by inserting the words, 'if said court shall find that said parties acquired a valid title to said buildings, respectively, alleged to have been purchased by them,' thus evincing a clear intention on the part of the senate to require the petitioners to satisfy the court of the validity of their title to the building. We think it clear there is nothing in the recital of the act which even throws a doubt upon the intention of congress to require the court to be satisfied of this fact. ”

“ Private dwellings and warehouses, blacksmiths', joiners', coopers', tanners', and other similar shops, ice houses, flour and saw mills, and any small barracks on the island are subject to the control of their owners, and are not to be included in the transfer to the United States.'
The commissioners were further instructed to draw up and sign full inventories, distinguishing between the property to be transferred to the United States and that to be retained by individuals ”