United States v. Heirs of Rillieux, 55 U.S. 189 (1852)
U.S. Supreme CourtUnited States v. Heirs of Rillieux, 55 U.S. 14 How. 189 189 (1852)
United States v. Heirs of Rillieux
55 U.S. (14 How.) 189
This Court again decides, as in 52 U. S. 11 How. 580, that under the acts of Congress of 1824 and 1844, the district court had no power to act upon evidence of mere naked possession, unaccompanied by written evidence conferring or professing to confer a title of some description.
By the treaty of 1763, the land in question passed from France to Great Britain, and the certificate of two French officers in 1765 certifying that the claimant had been for a long time in possession furnished no evidence of title.
No application was made to the British government for a grant.
A purchase from the Indians whilst the province was under French authority conveyed no title unless sanctioned by that authority.
In this case also, there is no proof that the claimants are the heirs of the party originally in possession.
This was an appeal from the District Court of the United States for the Eastern District of Louisiana. The petition was filed in that court by the heirs of Rillieux, under the Act of June 17, 1844, 5 Stat. 676, which court decreed in favor of the petitioners.