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MORRISON V. JACKSON, 92 U. S. 654 (1875)

U.S. Supreme Court

Morrison v. Jackson, 92 U.S. 654 (1875)

Morrison v. Jackson

92 U.S. 654


In 1802, a concession of six thousand arpents of land was made to S. by the acting Spanish governor of Upper Louisiana. An official survey, made by the officer designated in the concession and in part fulfillment thereof, gives the boundaries of a tract situate on the River Des Peres, about eight miles from St. Louis, containing four thousand and two arpents. Another survey was made by the same surveyor, under the same concession, of another tract, upon the River Meramac, about twenty miles southwest of St. Louis, supposed to contain fourteen hundred arpents. The claim of S. was rejected in 1811 by the board of commissioners, but was confirmed by the recorder of land titles for the quantity contained in a league square (seven thousand and fifty-six arpents), situate on the River Des Peres, and the decision of that officer, embraced in his report of February, 1818, was confirmed by an act of Congress, April 29, 1816. The surveyor of the United States for the Territory of Missouri surveyed for S., on the sixth and seventh days of May, 1818, a tract

Page 92 U. S. 655

containing one league square and including the four thousand and two arpents covered by the previous survey, and it was designated on the plat of the township as survey No. 1953. The recorder of land titles made his certificate No. 1033, dated Sept. 13, 1825, setting forth that S. was entitled to receive a patent for the tract containing seven thousand and fifty-six arpents as contained in said survey No. 1953, and transmitted it to the Commissioner of the General Land Office for a patent. The latter declined to issue it, as it varied from the original survey, and included land not therein embraced. S., by deed bearing date Aug. 29, 1818, conveyed to H. certain lands therein specifically described, which had been previously confirmed, and also the interest of said S. in all the land to which said S. was entitled by virtue of concessions under the Spanish government, ratified by act of Congress. S. died in 1824. Congress in 1842 directed a patent to issue to S., or his legal representatives, for seven thousand and fifty-six arpents, pursuant to patent certificate No. 1033, Sept. 13, 1825, and to the survey No. 1953. The patent was accordingly issued Feb. 1, 1869. Held that by virtue of the deed of S., his grantee H. became his legal representative, and acquired as against the heirs-at-law of S. the title to all the tracts of land described in said patent.

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