Bryan v. Forsyth - 60 U.S. 334 (1856)
U.S. Supreme Court
Bryan v. Forsyth, 60 U.S. 19 How. 334 334 (1856)
Bryan v. Forsyth
60 U.S. (19 How.) 334
By the Acts of Congress passed on the 15th of May, 1820, and March 3, 1823, provision was made, that each of the settlers in Peoria, Illinois, should be, entitled to a village lot, and the surveyor of public lands was directed to designate upon a plat the lot confirmed to each claimant.
The act of 1823 conferred on the grantee an incipient title, and when the survey was made and approved by which the limits of the lot were designated, the title then became capable of sustaining an action of ejectment, even before a patent was issued.
In the interval between 1823 and the survey, a patent was taken out, which was issued subject to all the rights of persons claiming under the act of 1823. This patent was controlled by the subsequent survey.
But although it was controlled by the subsequent survey, yet the patent was a fee simple title upon its face, and sufficient to sustain a plea of the statute of limitations in Illinois, which requires that possession should be by actual residence on the land, under a connected title in law or equity, deducible of record from the United States &c.
The American State Papers, published by order of Congress, may be read in evidence, in the investigation of claims to land.
The facts of the case are stated in the opinion of the Court.