United States v. RoseliusAnnotate this Case
56 U.S. 31
U.S. Supreme Court
United States v. Roselius, 56 U.S. 15 How. 31 31 (1853)
United States v. Roselius
56 U.S. (15 How.) 31
APPEAL FROM THE DISTRICT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF LOUISIANA
Under the laws of 1824 and 1844 relating to the confirmation of land titles, where a claimant filed his petition alleging a patent under the French government of Louisiana, confirmed by Congress, and claiming floats for land which had been sold, within his grant, by the United States to other persons, the mere circumstance that the court had jurisdiction to decree floats in cases of incomplete titles did not give it jurisdiction to decree floats in cases of complete titles.
This title having been confirmed by Congress without any allowance for the sales of lands included within it, the confirmation must be considered as a compromise accepted by the other party, who thereby relinquished his claim to floats.
If the title be considered as a perfect title, this Court has already adjudged, 50 U. S. 9 How. 143, that the district court had no jurisdiction over such titles.
The claimant in this case prayed that the sidelines of his tract might be widened by diverging instead of parallel lines, but this Court, in this same case, formerly 44 U. S. 3 How. 693, recognized the validity of a decree of the Supreme Court of Louisiana, which decided that the lines should be parallel and not divergent. The district court of the United States ought to have conformed its judgment to this opinion.
Moreover the claimant in this case did not state in his petition what lands had been granted by the United States, nor to whom, nor did he make the grantees parties, all of which ought to have been done before he could have been entitled to floats.
The facts are stated in the opinion of the Court.
MR. JUSTICE CATRON delivered the opinion of the Court.
John McDonogh claimed to be confirmed in a tract of land bounded in part by the River Mississippi, the front being 40 arpens more or less, bounded on the upper side by a line running back from said river a distance of seventeen miles, and two hundred and twenty-seven perches, more or less, until it strikes the River Amitie, on a course by compass of north 35