Appeal from St. Louis Court of Appeals.
AFFIRMED.
This was an action of ejectment brought by Mrs. Virg__ia Christy Dean and her husband, to recover an undivided interest in United States survey 1,927. Mrs. Dean claimed by inheritance from Leon N. St. Cyr. Defendant claimed through a regular chain of conveyances from Hyacynth St. Cyr, father of Leon. He also relied on the statute of limitations, he and his grantors having been in possession continuously since 1826. Leon N. St. Cyr left his father's house about the year 1809, and was never heard of again. He was supposed to have been drowned in the Mississippi river. On December 28th, 1799, Leon N. St. Cyr presented a petition to Delassus, lieutenant governor of Upper Louisiana, praying for a grant of 400 and some odd arpents, on which a concession of 409 arpents was made in conformity to a survey of Soulard, made March 12th, 1802, under the order of Delassus. On July 16th, 1810, a claim was preferred before the board of commissioners appointed to adjust land claims in Missouri Territory, for confirmation of this claim of Leon N. St. Cyr. Testimony was heard and the claim was rejected. 2 Am. State Papers, 455, 456. On the 2nd of February, 1816, Frederick Bates, recorder of land titles for the Territory of Missouri, made a report to congress, the second part of which contains, as it states, “Confirmations of concessions, orders or warrants of survey, principally under act of congress of 12th of April, 1814.” In this part of the report appears the following entries, (3 Am. State Papers, p. 298):
| Concession warrant or order of survey, |
| C. D. Delassus, Lieu't Go'r. |
| Maline, St. Louis County. |
Confirmed 400 Arpents. |
These facts and others not necessary to be noticed appearing, at the trial, defendant had judgment, from which plaintiffs appealed to the St. Louis court of appeals and thence to this court.
HOUGH, C. J.
In the second part of the general report of Frederick Bates, recorder, made February 2nd, 1816, entitled as follows: “Report of the opinions of the recorder of land titles for the Territory of Missouri, etc.: Confirmations of concessions, orders or warrants of survey, principally under act of congress of 12th of April, 1814,” the claim of Leon N. St. Cyr for 400 arpents, appears as confirmed. 3 Am. State Papers, pp. 275, 298. We are of opinion that this claim is included in those confirmed by the act of 29th of April, 1816, and described in the second section of that act, as follows: “All claims embraced in the reports of the recorder of land titles acting as commissioner for ascertaining and adjusting the titles and claims to lands in the...
