United States Supreme Court Cases & Opinions

U.S. Supreme Court

Easton v. Salisbury, 62 U.S. 21 How. 426 426 (1858)

Easton v. Salisbury

62 U.S. (21 How.) 426

Syllabus

Between May, 1829, and July, 1832, there was an interval in the acts of Congress reserving lands from sale which were claimed under Spanish concessions in Louisiana, and during this interval an entry or patent for any of these lands would have been valid.

But a patent issued in 1827, whilst the reservation was in force, was void, and the patent did not become operative proprio vigore during the interval between 1829 and 1832.

The confirmation of the concession in 1836 therefore gave a good title to the claimant under the concession.

Moreover, the New Madrid warrant, not being located within one year from the 26th of April, 1822, was void.

This was a petition in the nature of an ejectment brought by Easton against Salisbury in the St. Louis Court of Common Pleas to recover the lots described in the opinion of the court. The court of common pleas gave judgment for the defendant, and this judgment was affirmed by the supreme court.

The plaintiff claimed under a New Madrid patent issued in 1827, and the defendant under a Spanish concession which was confirmed in 1836. The Supreme Court of Missouri

Page 62 U. S. 427

was of opinion that the New Madrid patent was absolutely void when issued and that it did not become operative in the interval between May, 1829, and July, 1832.

Page 62 U. S. 428