John Catron

“ One piece of evidence does not fix the extent and character of a decision, but we must look to all that is offered, and the amount demanded. There is nothing in what is said by the register and receiver, which authorizes a belief that any opening was claimed, or any was intended to be confirmed. McDonogh & Co. simply say they claim a 'front of thirty-two arpens, with a depth extending as far as Lake Maurepas,' under a complete title to Dupard, and the commissioners say it is a claim that stands confirmed by law. ”

“ Although Potier says he is a sworn surveyor, commissioned by the surveyor-general of the United States, we know of no right that gives him to run out claims under the direction of individuals merely, and fix the boundaries of those not recognized by the government. It is not pretended he acted under any authority from his superior in making what is called a survey ”

“ It will be observed that the grant to Delille Dupard is now spoken of for the first time; his claim, whenever mentioned previously, was described as one derived from the Collapissa Indians, yet no mention is made in this report of its having any opening in the rear. That difficulty is met by the defendant by the production of a paper which, he says, is a survey and plat of his claim made by F. V. Potier, a United States surveyor, which it is certified was offered as part of the evidence in support of the claim, when last presented for the action of the United States commissioners ”

“ Under our judiciary system, it is nothing more than a certiorari to remove the record. It imparts no authority to this court. It gives no jurisdiction. The President of the United States, in whose name the writ issues here, has no power to confer jurisdiction upon this court, as the king has in England, in whose name the writ issues there. ”

“ But a writ of error was held to lie to the highest state court where the question was whether a confiscation under a state law was completed before the treaty of
peace with Great Britain. Smith v. Maryland, 6 Cranch, 286. The appellate jurisdiction of the Supreme Court of the United States extends to a final judgment or decree in any suit in the highest court of law or equity of a state, where is drawn in question the validity of a treaty. ”

“ The law intrusts that power to another person.
'Although we are of opinion these plats were improperly received in evidence, we have examined them with a view to see if the pretended survey would justify the claim of the defendant. We do not find in the record the slightest evidence of authority from any officer of the United States to locate this claim in any manner. ”

“ He further says, the plaintiffs have a good and sufficient title; that McDonogh has none at all; and if he has, he is bound to sue the plaintiffs to establish it, or abandon his claim. He prays that McDonogh be compelled to exhibit his title; that it be rejected; and he concurs in the prayer of the plaintiffs against him, (McDonogh.) ”

“ Its sole purpose is to bring the record into court; and if the record is in court, or a copy properly certified and brought there by the party aggrieved by the judgment, with due notice to the other party, there can be no difficulty in proceeding to exercise the appellate power. ”

“ We think differently. The reasons given by the district judge, in his judgment, have not been refuted, and are, in our opinion, unanswerable. He says, the demand of the plaintiffs in their original petition does not constitute a petitory action. It is destitute of the first requisite of that action, not being brought against a party alleged to be in possession. Code of Pract., art. 43. On the contrary, the plaintiffs allege they were in possession, and are disquieted and prevented from making a legitimate use and profit out of their possession and title, by the words and acts of the defendant ”

“ Some time after McDonogh and Brown purchased of Le Bourgeois, they presented the claim for confirmation to the commissioners of the United States, in the eastern district of Louisiana, and represented it as having a front of eighteen arpens, three toises, and three feet, front, by eighty arpens deep, and having an opening of twenty degrees and seventy-one minutes towards the rear ”

“ John McDonogh, appellant.
Appeal from the District Court for the First Judicial District.
'The plaintiffs (Millaudon and others, who were plaintiffs in the original action) allege that they, with Henry T. Williams and Charles F. Zimpel, purchased a large tract of land of A. F. Rightor, being a portion of a claim or grant generally known as the Houmas, in the parish of Ascension. They took possession with the intention of dividing it into smaller tracts and selling them at auction, to effect a partition ”