Joseph P. Bradley

“ In order to locate a grant of land upon the surface of the earth, there must be evidence to show that the place of location agrees with the description in the grant, and that evidence is for the jury. The plaintiff alleges that it was error in the judge to leave this question to the jury. We think not. The judge may properly explain to the jury the effect of different portions of the evidence; and, of course, if the jury find a verdict against plain evidence, their verdict will be set aside. ”

“ That if they believe from the evidence that the land of which the defendant is in possession is within the limits of the grant, which has been favorably reported by the surveyor general, they must find the defendant guilty.'
He then charged as follows: ' (3) The plaintiff can only recover, if at all, on the strength of his own title or right of possession, and not on the defects of any title or right of possession of defendant. (4) The plaintiff must establish his right to the possession of the land described in the petition or declaration by competent evidence, in order for him to recover. ”

“ The surveyor general's report is no evidence of title or right to possession. His duties were prescribed by the act of July 22, 1854, before referred to, and consisted merely in making inquiries and reporting to congress for its action. If congress confirmed a title reported favorably by him, it became a valid title; if not, not. So with regard to the boundaries of a grant; until his report was confirmed by congress, it had no effect to establish such boundaries, or anything else subservient to the title. ”