Jacob Le Roy, Plaintiff In Error v. William Beard
Decision Date | 01 January 1850 |
Citation | 8 How. 451,49 U.S. 451,12 L.Ed. 1151 |
Parties | JACOB LE ROY, PLAINTIFF IN ERROR, v. WILLIAM BEARD |
Court | U.S. Supreme Court |
'Dear Sir,—I take the liberty of forwarding to you the following information, by advices lately received from my attorney at Milwaukie. I learn that the title of the property I purchased of you in Milwaukie, in November, 1836, has failed, in consequence of the Indian title not being extinguished when the property was floated. I further learn that the receiver or land-officer has been directed to refund the purchase-money to the original purchaser, and that the subject has been before the Solicitor of the Treasury, and he has directed that the property belongs to the government, and that an appeal was taken from his decision to the Secretary of the Treasury, who confirmed the decision.
'If so, you are doubtless aware that, upon your covenants of warranty, you are liable to refund to me the purchase-money, which I shall expect you to do, together with the interest on the same. If a deed of release or quitclaim will be of any service to you, you can have one when the money is refunded.
'I shall be happy to hear from you on the receipt of this, and any proposition you may have to make regarding the premises will be duly considered.
'Your obedient servant,
(Signed,) THEOPHILUS NICHOLS.'
'Le Roy, 2d September, 1838.
'Dear Sir,—I received last evening yours of the 28th, and the contents surprised me not a little, that I, who held large possessions in Milwaukie, and in constant communication with that place, should receive the first intelligence of so great a misfortune from you. I received a letter three days ago from that place, but not a word is said about any trouble, and I have therefore come to the conclusion your agent has been hoaxed; the whole statement carries on the face of it an absurdity. Admitting that any thing had occurred as you state, have not the United States received the same amount there from their land as they have elsewhere? Do you imagine that Congress would allow innocent persons to suffer in a case of that kind? I have written to Milwaukie by this day's mail to ascertain if there is any difficulty, and in the interim would beg you to keep easy in mind, for you may rest assured that your title will never be disturbed.
'Respectfully, yours, truly,
(Signed,) JACOB LE ROY.'
'New York, 12th June, 1839.
'THEOPHILUS NICHOLS, ESQ.:——
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