Smith Thompson

“ And we the more readily incline to think the light in which the instruction is here considered was that in which it was understood on the trial, because the counsel for the plaintiff in error has contended on the argument here, that this confirmation enures to the benefit of the owner of the claim: that the commissioners decide only the abstract right, as against the United States, without regard to the person who sets up the claim. And it is upon this ground only, that the plaintiff would have introduced in evidence the decision of the commissioners which was directly against his own right ”

“ Had he rested his claim upon a title derived from Chancillier, without the aid of the acts of congress, the evidences of his title would not have been affected by those acts; but the defendant would, in that case, have been fully protected by his length of possession. When, however, a part of the plaintiff's evidence was the proceedings of the commissioners upon this very claim, this court must consider the instruction of the judge as referring only to the effect and operation of the confirmation under the laws in relation to such claims. ”

“ No grant has been shown under which the plaintiff sets up his claim; his title was therefore incomplete, and by the fourth section of the act of 1805 (3 vol. L. U.S. 653) , the person claiming the land was bound to deliver to the register of the land office, or recorder of land titles, within the district where the land lies, a notice in writing stating the nature and extent of his claim; and also to deliver to the said register or recorder, for the purpose of being recorded, every grant, order of survey, deed, conveyance or other written evidence of his claim. ”