United States Supreme Court Cases & Opinions

U.S. Supreme Court

New Orleans v. United States, 30 U.S. 5 Pet. 449 449 (1831)

New Orleans v. United States

30 U.S. (5 Pet.) 449

APPEAL FROM THE DISTRICT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

The parol evidence given on the hearing of a petition in the District Court of the United States for the Eastern District of Louisiana in the nature of an equity proceeding should nave been reduced to writing and appear in the record.

In the district court, the United States filed a petition stating that the Mayor of the City of New Orleans, in pursuance of an ordinance of the city council, had advertised for sale certain lots therein described; that by virtue of the treaty of cession, all vacant lots belonged to the United States; that those lots were vacant; that the City of New Orleans had never received any grant for them unless in virtue of the 3d section of the Act of Congress of 3 March, 1807, entitled "An act respecting claims to land in the Territories of Orleans and Louisiana," which is denied, whereupon, and inasmuch as the said attempts of the said city council to sell the said lands as private property is an evasion of and trespass upon the rightful dominion and possession of the United States in the premises, they pray that the defendants