John Catron

“ By the act of 1812, the towns acquired the promise of, and an imperfect title to, certain vacant lands that might be found to exist within an out-boundary survey, but the government reserved to itself the power to make this survey, and the board of school directors was therefore compelled to remain passive until it was completed, and the private claims within it ascertained, and until the United States designated the school lands comprehended within it. ”

“ When Louisiana was acquired, the lands included in the out-boundary survey, comprising St. Louis, its fields and commons, were held by imperfect rights, the legal title being vested in the United States, as they had previously been in the government of Spain. As this government could not be sued in its own courts, nor coerced to perfect equitable claims and rights, claimants had to rely on its justice ”

“ Of this land, the designated school lot claimed by the plaintiff below includes five acres and 66/100ths of an acre.
The entry was contested, and was brought to the consideration of the commissioner of the general land-office, and upon August 1, 1845, he instructed the register and receiver that only 8 20/100 acres was vacant at that spot; the residue of the 35 49/100 acres surveyed as fractional section 26, had been located on private claims; nor was there evidence that any part of the 8 66/100 acres had been inhabited as required by the pre emption laws. ”