Matthews v. Zane Lessee
Decision Date | 01 February 1809 |
Citation | 9 U.S. 92,5 Cranch 92,3 L.Ed. 46 |
Parties | MATTHEWS v. ZANE'S LESSEE |
Court | U.S. Supreme Court |
9 U.S. 92
5 Cranch 92
3 L.Ed. 46
MATTHEWS v. ZANE'S LESSEE
February Term, 1809
ERROR to the supreme court of the state of Ohio for the county of Muskingum, in an action of ejectment brought by Zane's Lessee against Matthews, in which both parties claimed title under the laws of the United States. The question of jurisdiction in this case was settled at last term. (Ante, vol. 4. p. 382.)
The remaining question was, whether the plaintiff in error, or the defendant, had the title to the west fraction of section No. 15. in township No. 12. in range No. 13. in the state of Ohio.
This question arose upon a special verdict, which stated the following facts.
On the 7th of February, 1804, the office of receiver
of public moneys at Marietta then being vacant, Matthews applied to the register of the land-office at Marietta, for the purchase of that fraction, who received the application, and gave Matthews a certificate thereof.
On the 26th of March, 1804, a register and receiver were appointed for the Zaneville district, and also a receiver of public moneys for the Marietta district, who commenced the duties of his office on the first of May, in that year.
After the 12th of May, in the same year, Matthews purchased the land at the Marietta land-office, by making such payments, and receiving such certificates, as are prescribed by law.
On the 21st of May, 1804, the land-office was first opened at Zaneville, and the sales of land commenced therein.
On the 17th of the same May, a schedule was forwarded from the surveyor-general, purporting to be a complete list of the lands lying within the Zaneville district, which had been before sold at the Marietta land-office, and in which the land in controversy was not included.
Subsequent to the passage of the law for the erection of the Zaneville district, and prior to the time when the office of receiver of public moneys for the Marietta district became vacant, two entries were made in the Marietta land-office, of land lying within the Zaneville district, which entries and sales were acknowledged as good and valid by the government of the United States, who considered Matthews's entry as void, and the secretary of the treasury has directed his purchase-money to be repaid to him. The two tracts, the sales of which were confirmed by the government of the United States, were in the surveyor-general's schedule returned as sold at Marietta; but the land in controversy was not included in that schedule, because
the register of the land-office at Marietta had not made his return, as by law directed, to the surveyor-general, who had no guide by which to make out the schedule, but the returns of the register. The officers of the Zaneville land-office were directed by the secretary of the treasury to receive the schedule as the only evidence of what land had been sold at Marietta.
On the 26th of May, 1804, Zane purchased, at the Zaneville land-office the land in controversy, by making such payments, and receiving such a certificate, as by law are prescribed, at which time Matthews produced his certificate from the register of the Marietta land-office, and gave notice of his having purchased the same land.
Zane's purchase was confirmed by the secretary of the treasury.
P. B. Key, for the plaintiff in error, contended.
1. That the purchase made by Matthews was legal and valid. And,
2. That the defendant in error was not entitled to recover.
That this subject may be distinctly understood, it may be necessary concisely to state the land system of the United States.
In 1785, the old congress...
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