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eBook details

• Title: Bernardo Sampeyreac and Joseph Stewart, Appellants v. United States
• Author : United States Supreme Court
• Release Date : January 01, 1833
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 84 KB

Description

APPEAL from the Supreme Court of Arkansas. The appellant, Sampeyreac, under the act of congress of the 26th of May 1824, entitled 'an act enabling the claimants to lands within the limits of the state of Missouri, and territory of Arkansas, to institute proceedings to try the validity of their claims,' exhibited the bill against the United States, which was filed in the clerk's office of the superior court in the territory of Arkansas, in chancery sitting, on the 21st day of November 1827, stating that, being an inhabitant of Louisiana, he did, on the 6th day of October 1789, address a letter to the governor of the then Spanish province of Louisiana, asking for ten arpens of land in front, with the usual depth, on Strawberry river, within the district of Arkansas, to be granted to him in full property; and that the said governor did, on the 11th day of October 1789, make an order of survey upon said petition, which the appellant alleged, was such a claim as might have been perfected into a complete title, under and in conformity to the laws, usages and customs of the government of Spain, under which the same originated, had not the sovereignty of the country been transferred to the United States; and was, therefore, provided for by the treaty between the United States and the French republic, made the 30th April 1803. The bill prayed that this claim might be confirmed, according to the provisions of the act of congress before mentioned. Upon this petition, the clerk of the court issued a subpoena against the district-attorney of the United States, which was executed on the 24th of November 1827. To this bill, the district-attorney of the United States filed an answer, at the December term of said court 1827, denying, generally, the facts and allegations in said bill, and alleging that Sampeyreac was a fictitious person, or was a foreigner, and then dead. On the 19th day of December 1827, the district-attorney of the United States moved to postpone the final adjudication of the case until the following term, for the following reasons: 1. The petition and subpoena in this case were served on the United States, within one month of the present term of this court, but more than fifteen days allowed by law; and in consequence of this short notice, the United States attorney has not answered this bill until the present term. 2. Has not had a sufficient length of time to take counter-depositions, if counter-evidence does exist. 3. There are many more cases pending in this court on the same principles, and similarly situated in all respects; and the attorney for the United States asks this continuance, for the purpose of procuring such evidence as may exist on the part of the government.

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