John Catron

Name: Les Bois v. Bramell — Opinion of the Court
Author: John Catron

Les Bois v. Bramell — Opinion of the Court

Summary

“Les Bois v. Bramell — Opinion of the Court”, is a work by John Catron. It explores elements such as the United States, Marie Nicolle Les Bois and survey.

Quotes from Les Bois v. Bramell — Opinion of the Court (John Catron)

John Catron, Les Bois v. Bramell — Opinion of the Court

“ But when courts of law go behind conflicting patents, and contest the equities on which they are founded, it has never been held that the patent aided the equitable title; it must come in support of the grant, and stand on its own merits. So in this case; the plaintiff admits her grant, of itself, is insufficient to authorize a recovery, and that she must go behind it;-and there she is met by the objection, that her claim had no standing in a court of equity or of law, up to the date of its confirmation, and depended on the political power. ”

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Source: Wikisource

John Catron, Les Bois v. Bramell — Opinion of the Court

“ There the younger patent was founded on the best right in equity, standing in advance of either patent, and the equities were tried at law. But if the elder or better entry had not been carried into a grant, a court of equity might have administered the same measure of justice, and decreed the land from the patentee, whose legal title was founded on the inferior equity. ”

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Source: Wikisource

John Catron, Les Bois v. Bramell — Opinion of the Court

“ Whether the judicial power has any jurisdiction to interfere and enforce such right, supposing it to exist.
That this government had imposed on it the same duty to perfect the title that rested on Spain before the country was ceded is not open to question; but this was all the United States were bound to perform. How, then, did the plaintiff's claim stand previous to the cession. Her first decree and order of survey bear date in May, 1802, and the survey was made in August, 1803; but there is no evidence that any part of the land was either occupied or cultivated. ”

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Source: Wikisource

John Catron, Les Bois v. Bramell — Opinion of the Court

“ A confirmation of a Spanish or French claim, either by a board of commissioners under the act of 1807, or by Congress directly, or by the District Courts by force of the act of 1824, is a location of land by a law of the United States; surveys have been made and patents issued for such land in the great majority of instances, and it cannot be questioned, as we think, that a title thus protected by patent was intended to be carved out of the act of 1836 ”

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Source: Wikisource

John Catron, Les Bois v. Bramell — Opinion of the Court

“ As the king's representative and deputy, he was to judge whether the considerations moving the lieutenant-governor were such as warranted the grant; next, whether conditions had been performed, &c. The granting power was in a great degree political, and altogether the exercise of royal authority, and of course subject to no supervision but by the same high authority itself. By the treaty, the United States assumed the same exclusive right to deal with the title in their political and sovereign capacity, nor could the courts of justice be permitted to interfere ”

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Source: Wikisource

John Catron, Les Bois v. Bramell — Opinion of the Court

“ The counsel for the plaintiff then moved the court to instruct the jury, that the survey offered by the inhabitants of St. Louis, in support of their claim, upon which survey was laid down, at the request of the claimants, the concession and survey of Marie Nicolle Les Bois, excludes and protects from the confirmatory operation of the acts of Congress of 13th June, 1812, and act of Congress of 27th June, 1831, the title of said Marie Nicolle Les Bois to the tract granted to her. ”

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Source: Wikisource

John Catron, Les Bois v. Bramell — Opinion of the Court

“ The nineteenth article declares,-'All those who 'possess' lands in virtue of formal titles made by the governors [such as Delassus was] shall be protected and maintained in their possessions.' And by article twenty,-'Those who, without the title or possession mentioned in the nineteenth article, are found occupying lands, shall be driven therefrom, as from property belonging to the crown,' unless they have occupied the same more than ten years. ”

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Source: Wikisource

John Catron, Les Bois v. Bramell — Opinion of the Court

“ Full of this idea, and convinced of the generosity of the government, which has never ceased to grant favors to the unfortunate, and to be particularly the protector of orphans, she hopes you will be pleased to grant to her the concession of a tract of land situated to the south of this town, and being vacant lands of his Majesty's domain, and which may contain two hundred and thirteen arpents in superficie, more or less ”

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Source: Wikisource

John Catron, Les Bois v. Bramell — Opinion of the Court

“ This survey was a public one, binding on the United States and the city corporation; and was duly recorded by the surveyor-general in his office. A copy of the plat is in the record, with a detailed description of landmarks, courses, and distances; and these were given in evidence to the jury in the Circuit Court. Thus stood the defendant's title. On July 9th, 1832, a law was passed by Congress, authorizing commissioners to be appointed to act on claims not confirmed previously; and on the 5th of November, 1833, the board organized under the act declared Les Bois's claim valid ”

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Source: Wikisource

John Catron, Les Bois v. Bramell — Opinion of the Court

“ Lewis F. Linn [and] F. R. Conway, commissioners.
'Marie Nicolle Les Bois, by her legal representatives, claiming two hundred and forty-four and a half arpents of land, see book C, pp. 73, 74, and 75, No. 3, p. 282, No. 5, p. 328, produces a paper, purporting to be an original concession for two hundred and thirteen arpents of land, more or less, from Charles Dehault Delassus, dated 11th of May, 1803; also a paper, purporting to be a plat and certificate of survey for two hundred and forty-four arpents and fifty perches, taken 27th of May, and certified 20th of August, 1803, by Antonio Soulard. ”

John Catron

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