United States v. Porche - 53 U.S. 426 (1851)
U.S. Supreme Court
United States v. Porche, 53 U.S. 12 How. 426 426 (1851)
United States v. Porche
53 U.S. (12 How.) 426
The Act of Congress passed on 26 May, 1824, enabling claimants to land in Missouri and Arkansas to try their titles, was revived by the Act of 17 June, 1844, and extended to Louisiana.
By the fifth section of the act of 1824, the claimants were required to present their claims within two years from the passage of the law.
This section being revived by the act of 1844, claimants were required by the latter act to present their claims before 17 June, 1846.
Acts supplementary to that of 1824 were not revived by the act of 1844. Nothing was revived except the original act.
The District Court of Louisiana had no jurisdiction, therefore, over a case where the petition was not presented until 8 March, 1848.
The ninth section of the act of 1824 does not prevent the United States from appealing, where a claim is for less than one thousand acres.
This was a land case arising under the act of 1824 as revived by the act of 1844.
On 8 March, 1848, Porche filed his petition in the district court claiming a confirmation of an order of survey made by Governor Miro in 1788. It is not necessary to state the title, as the case went off on a question of jurisdiction.
The district Attorney put in a plea that the two years within which, by the act of 1824, petitions were to be presented, had elapsed at the filing of the petition, and that no suit could be brought against the United States after 17 June, 1846.
The court overruled the plea, and the district attorney then answered, repeating his plea of limitations and also denying the allegations of the petition generally.
After sundry proceedings which it is not necessary to state, the district court, on 6 June, 1849, passed a decree confirming the claim.
From this decree the United States appealed to this Court.