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President, Directors, and Company of the Farmers' Bank of Virginia, Appellants, v. Horace H. Groves, Administrator of Moses Groves, Deceased, The U.S. 51 (1851)

handle is hein.slavery/ussccases0261 and id is 1 raw text is: DECEMBER TERM, 1851. 51 The Farmers' Bank of Virginia v. Groves. validity of this grant It is objected to on account of the vague- ness and unceriainty of the boundaries as set forth in the peti- tion. But it is not necessary to express our opinion upon this point, because the other objection taken on behalf of theUnited States is conclusive, and it is very clear that the French author- ities had no right to make this grant, and that it conveyed no title to the ancestor of the petitioners. For the definitive treaty of peace between Great Britain, France, and Spain, by which the territory in which this land is situated was ceded to Great Bri- tain, was signed on the 10th of February, 1763, and consequently the Frei ch authorities could not, after that day, grant a title to lands lying in the ceded territory. This point was decided in the cases of the United States v. leynes, 9 How. 127; The Police Jury of Concordia v. Davis, 9 How. 280; and the United States v. Dauterive, 10 How. 609. And as the grant in question was not made until the 11th of March next following the date of the treaty, it was at that time the exercise of a power by the French authorities which they no longer possessed, and could convey no title to the grantee. The decree of the District Court dismissing the petition was therefore correct, and must be affirmed. Order. This cause came on to be beard on the transcript of the record from the District Court of the United States for the Southern District of Alabama, and was argued by counsel. On consider- ation whereof, it is now here ordered and decreed by this court, that the decree of the said District Court in this cause be, and the same is hereby, affirmed. THE PRESIDENT, DIRECTORS, AND COMPANY OF THE FARMERS' BANK OF VIRGINIA, APPELLANTS, v. HORACE H. GROVES, AD INISTRATOR OF MOSES GROVES, DECEASED. The principles of law decided in this case are so dependent upon the facts that a suc- cinct statement of the latter becomes necessary. Collier was in possession of two drafts drawn by King upon Groves and accepted by him for the accoanodation of King. Collier pledged these drafts to the Farmers? Bank of Virginia, as collateral security for a debt which he owed the bank. The drafts not being paid at maturity, the bank sued both Groves and King, and recovered judgments against them, which were liens upon their property. Collier and King then agreed, that if Collier were to purchase King's property at a certain sum, he would return his drafts to him and free him from the bank. To this agreement Groves was a witness, and the purchase was accordingly made. Collier and the bank then agreed that the bank should give him time and he should

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