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CHARLES BALLANCE, PLAINTIFF IN ERROR, v. ROBERT FORSYTH

December 1, 1851

CHARLES BALLANCE, PLAINTIFF IN ERROR,
v.
ROBERT FORSYTH, LUCIEN DUMAIN, AND ANTHONY R. BOVIS.



THIS case was brought up, by writ of error, from the Circuit Court of the United States for the District of Illinois. It was an ejectment brought by Forsyth, Dumain, and Bovis, to recover two lots of ground, viz., Nos. 47 and 65, in the town of Peoria. The bills of exceptions extended over thirty-seven pages of the printed record, and included deeds and depositions and proceedings under a tax sale, &c. &c. It is, therefore, impossible to insert them. The following is a summary notice of the evidence offered on the trial by plaintiffs and defendant.

The opinion of the court was delivered by: Mr. Justice McLEAN delivered the opinion of the court.

Plaintiff's Evidence.

1. The act of Congress passed on the 15th of May, 1820, (3 Stat. at Large, 605.) It directed that every person who claimed a lot in the village of Peoria, should give notice of his claim to the register of the land-office, whose report should be laid before Congress.

2. An act of Congress passed on the 3d of March, 1823, (3 Stat. at Large, 786,) after the report of the register had been received. It granted to such of the French and Canadian inhabitants and other settlers in the village, as had settled there, prior to the 1st of January, 1813, the lot so settled upon and improved. The second section of the act required the surveyor of the public lands to cause a survey to be made of the several lots, and to designate on a plat thereof the lot confirmed and set apart to each claimant, and to forward the same to the Secretary of the Treasury, who should cause patents to be issued in favor of such claimants, as in other cases.

This survey and plat were not made until April and May, 1837.

3. A patent to Boushier for lot No. 47, issued on the 27th of March, 1847.

4. A plat of the village.

5. A plat of lot No. 47.

6. Testimony taken under a commission relative to the settlement of the lots.

7. Deed to plaintiffs, 11th December, 1836.

8. Patent for lot No. 66, December 16, 1845.

9. Plat of lot No. 65.

10. Deed to plaintiffs, September 16, 1836.

11. }

} Plats of an addition to the town.

12. }

13. An agreed statement of certain facts.

Defendant's Evidence.

1. A certificate from the register, showing, that on the 15th of November, 1837, John L. Bogardus entered and purchased the south-east fractional quarter of section, No. 9, containing 23 ...


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