The United States, Appellants v. Christian Roselius, Abial Crossman, William Liveridge, Francois Autuin, Benjamin Howard, John Spear Smith, Brantz Mayer, John Gibson, and Gurley, Executors of John McDonogh, Deceased

• Decision Date: 01 December 1853
• Parties: THE UNITED STATES, APPELLANTS, v. CHRISTIAN ROSELIUS, ABIAL D. CROSSMAN, WILLIAM E. LIVERIDGE, FRANCOIS B. D'AUTUIN, BENJAMIN C. HOWARD, JOHN SPEAR SMITH, BRANTZ MAYER, JOHN GIBSON, AND R. R. GURLEY, EXECUTORS OF JOHN MCDONOGH, DECEASED
• Court: U.S. Supreme Court

56 U.S. 36

15 How. 36

14 L.Ed. 590

THE UNITED STATES, APPELLANTS, v. CHRISTIAN ROSELIUS, ABIAL D. CROSSMAN, WILLIAM E.

LIVERIDGE, FRANCOIS B. D'AUTUIN, BENJAMIN C. HOWARD,

JOHN SPEAR SMITH, BRANTZ MAYER, JOHN GIBSON, AND R. R.

GURLEY, EXECUTORS OF JOHN MCDONOGH, DECEASED.

December Term, 1853

THIS was an appeal from the District Court of the United States for the Eastern District of Louisiana.

The case is fully stated in the opinion of the court.

It was argued by Mr. Cushing, (Attorney-General,) for the United States.

Mr. Chief Justice TANEY delivered the opinion of the court.

This is an appeal from the decree of the District Court for

the Eastern District of Louisiana, in a proceeding instituted in that court by John McDonogh, in his lifetime, to try the validity of his claim to certain land mentioned in his petition. The proceeding was under the acts of 1824 and 1844.

The petition was presented on the 15th of June, 1846, and sets forth that he has a good and valid title to a tract of land in the parish of Jefferson, near the city of New Orleans, and on the same side of the river Mississippi, commencing at a distance of eighty arpens from the river, and running back or in the rear from thence, with the continuous lines of the front tract of twenty-one arpens on the river, a distance of about forty-nine and one third arpens in depth, until one of the side lines intersects with the other in a point, including about one hundred and seventy-seven and one third superficial arpens. That said tract of land is a portion of a larger tract which was adjudicated and sold on or about the 17th of April, 1760, to De Pontalba, by order of the highest tribunal of the government of France, in Louisiana, called the Supreme Council of the province of Louisiana, by Charles Marie Delalande Dapremont, Counsellor and Assessor of the Supreme Council of the Province, and Attorney-General of the King of France for said Province of Louisiana; that said sale and adjudication by the order and authority aforesaid, is fully equivalent to a patent to said land; the Supreme Council of the Province being at the head of the land-office, granted the lands and issued the patents; that after passing through various mesne conveyances, the petitioner finally acquired said tract of land; that his title and claim had been presented and proved before the Board of Land Commissioners, who reported that it ought to be confirmed, but the said report was never acted on by Congress;...