United States Supreme Court Cases & Opinions

U.S. Supreme Court

Meehan v. Forsyth, 65 U.S. 24 How. 175 175 (1860)

Meehan v. Forsyth

65 U.S. (24 How.) 175

Syllabus

By the Act of March 3, 1823, entitled "An act to confirm certain claims to lots in the Village of Peoria, in the State of Illinois," the Surveyor of Public Lands was directed to survey the lots. A certified copy of such survey is admissible in evidence. The survey in question was made in 1840.

Before the survey was made, Ballance made an entry of the quarter section of which the lot in controversy makes a part, and a patent was issued to him by which the United States granted it to him and his heirs, subject to the rights of any and all persons claiming under the act of Congress above mentioned.

This saving clause was designed to exonerate the United States from any claim of the patentee in the event of his ouster by persons claiming under the acts of Congress, and cannot be construed as separating any lots or parcels of land from the operation of the grant or as affording another confirmation of titles existing under the acts of Congress described in it.

The possession of Ballance under this patent was adverse to that of a claimant under the Peoria grant, and therefore the statute of limitations ran upon it, he having had possession for more than seven years, with a connected title in law or equity, deducible of record from the state or the United States.

The case is stated in the opinion of the court.