United States v. Hancock

• Decision Date: 27 January 1890
• Citation: 33 L.Ed. 601,133 U.S. 193,10 S.Ct. 264
• Parties: UNITED STATES v. HANCOCK et al
• Court: U.S. Supreme Court

133 U.S. 193

10 S.Ct. 264

33 L.Ed. 601

UNITED STATES v. HANCOCK et al.

January 27, 1890.

[Statement of Case from pages 193-195 intentionally omitted] Asst. Atty. Gen. Maury, for appellant.

A. T. Britton and A. B. Browne, for appellees.

Mr. Justice BREWER, after stating the facts as above, delivered the opinion of the court.

It is obvious that the confirmation was of a tract with specified boundaries, and, as such, covered all the land within those boundaries, irrespective of quantity; and this, notwithstanding there appeared in the prior proceedings statements that the tract contained a certain amount, 'a little more or less,' which amount was very much less than that included within the boundaries. 'When a decree gives the boundaries of the tract to which the claim is confirmed with precision, and has become final by stipulation of the United States, and the withdrawal of their appeal therefrom, it is conclusive, not only on the question of title, but also as to the boundaries which it specifies.' U. S. v. Halleck, 1 Wall. 439; U. S. v. Billing, 2 Wall. 444; Higueras v. U.S., 5 Wall. 827. And the act of congress of July 1, 1864, (13 St. U. S. 334, § 7), requires the surveyor general, 'in making surveys of the private land claims finally confirmed, to follow the decree of confirmation as closely as practicable, whenever such decree designates the specific boundaries of the claim.' The charge of fraudulent misconduct on the part of the surveyor, Hancock, is not substantiated. Mr. Hancock was not appointed surveyor with reference to this survey. He was the regular deputy-surveyor for this district, having been appointed more than ten years prior thereto. While at one time he had owned an interest in the grant, he had, more than eight years before the survey, sold and conveyed it, for a full consideration, to his brother, and from that time forward, during all these proceedings, was without any interest in the premises. It is true that during these years Mr. Hancock acted as the general agent of his brother; and that is all the ground there is to suspect wrong on his part. There is not a syllable of testimony that after the secretary had ordered the new survey Mr. Hancock had anything to do with the matter, either in suggestion, recommendation, or otherwise; so that the report of the surveyor general was not made by virtue of anything that Hancock had said or done. The examination referred to by the surveyor general in his report was made by one ...