John Catron

“ The object of the grant was timbered land, fit for the supply of lumber; and if the nearest vacant timbered land to the head of the lagoon was surveyed, the intentions of the government and of the grantee were complied with. This was the construction given by the surveyor-general to the words 'north-west side.' He permitted the general call to vary so far, and no farther, as to secure timbered land, excluding the prairies next the head of the lagoon. The legality of the survey depends on the fact. ”

“ The statement made by the commissioner is no part of his evidence; and if it is, it does not show that he was interested at the time of his examination. He had been interested, but that interest might have ceased. ”

“ That this grant is null and void, has been already decided on the principles settled by this court in the case of the United States v. Sibbald, 10 Pet. 313; and in other cases. This was a grant on a precedent condition, the establishment of a mill. The condition was not performed. The evidence is insufficient to establish the improvement. The description of the land in the grant is too vague and indefinite. ”