United States Supreme Court Cases & Opinions

U.S. Supreme Court

Gregg v. Forsyth, 65 U.S. 24 How. 179 179 (1860)

Gregg v. Forsyth

65 U.S. (24 How.) 179

Syllabus

The possession of Ballance in the fractional quarter section of land spoken of in the preceding report of the case of Meehan and Ballance v. Forsyth, so as to entitle him to the benefit of the statute of limitations, need not have been by himself personally, but possession by a tenant under him enured to his benefit.

The circumstance that Ballance had laid out the land into lots and blocks did not make it necessary for him to reside upon every lot. The law only required him to possess and reside upon the premises claimed by his title papers.

The volumes of American State Papers, Public Lands, three of which were published by Duff Green, under the revision of the Secretary of the Senate, by order of the Senate, contain authentic papers which are admissible as testimony without further proof.

A party cannot object to the reading of a record and deed of sale, upon the ground that the proceedings had been irregular, when the parties to the decree had not complained of it. The objectors were strangers to these proceedings.