United States v. McMasters,
71 U.S. 680 (1866)

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U.S. Supreme Court

United States v. McMasters, 71 U.S. 4 Wall. 680 680 (1866)

United States v. McMasters

71 U.S. (4 Wall.) 680


1. It is the duty of a party excepting to evidence to point out the part excepted to, so that the attention of the court may be drawn to it. Hence objections of a very general and indefinite nature to testimony taken under a commission, with interrogatories, and which do not point out except in gross the portions of the answers objected to, and which embrace matters clearly competent, will not be sustained. If the exception covers any admissible testimony, it is rightly overruled.

2. A grant in whose language there is some obscurity and which, if open for construction, might present some ground for an interpretation in one way may, on a question of location, be explained in a different sense by an official survey referred to in it, and which was before the party when making the grant.

3. A tract of land situate in the Parish of St. Bernard, about ten miles below New Orleans, and claimed in this suit against the United States by parties under F. & J. Phillipon held to have been confirmed by this government, and that grants under the French and Spanish governments were as extensive and the boundaries as well defined and settled as they were under the survey and location confirmed by the United States.

This was a writ of error to the Circuit Court for the Eastern District of Louisiana and involved two questions: one, that of a private boundary to a tract of land, the other a question of the admission of testimony taken under a commission.

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