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Isabella L. Mackay, Executrix of James Mackay, Zeno Mackay, George Anthony Mackay, James Bennett Mackay, Reuben-Coleman and Eliza Lucy, his Wife, William Coleman and Amelia Ann, his Wife, Louis Guyon and Mary Catherine, his Wife, David Bowles and Julia Ja U.S. 421 (1846)

handle is hein.slavery/ussccases0296 and id is 1 raw text is: JANUARY TERM, 1846. 421 Mackay et al. v. Dillon. ISABELLA L. M.&cxAY, ExEcunrix or JAms MA.cy, ZENo MAcHAY, GEORGE ANTHONY MACKLY, 3Imis BENNETT MACHAY, REUBEN-COLE- -AN AND ErazA Lucy, His WI E, WILLAX .COLEDIAN AND AmELIA ANN, His wirg,Louis GuPoN AND MARy CATHERINE, HIS WIFE, DAVID BowLEs ArD Juri JANE, HIs wIPE, AND ISABE.L LoUisA MACHAY BY IsABELI. L. MACHAY uER GUARDIAN, v. PATRICK M. DILLON. The jurisdiction of this court, when a case is brought up from a State court under the twenty-fifth section of the judiciary act, does not extend to questions of evidence ruled by that court, unless it is soqght to give such evidence effect for other purposes over which this court has jurisdiction. Under the act of 1805, providing for the appointment of cqmmissioners to examine and decide on certain claims to land, and the act of 1812, confirming those claims,. Congress did not intend to adopt the boundary-lines of the claims according to the surveys which had been. laid before the commissioners; nor'adopt, for any pur- pose, the evidence which had been presented to the board. A decision of the court below, cutting off all proof of the correctness or incorrect- ness of such surveys, was thereforb erroneous. A survey, made at the instance of the inhabitants of St Louis, for the purpose of presenting their claim' to commons, in due form, to the board 6f commissioners, was in its nature a private survey, not binding on the United States, and having no binding influence on the title' of subsequent litigants. By what description of surveys the United States are bound, and those claiming under them governed, reference is made to a preceding case in this volume, of Jourdan andTLadry v. Barrett (ante, p.169), and for the effect of a legal survey of the commons ofSt. Lcfis, to the succeeding case of Les Bois v. Bramell. Tuis case was brought up from the Supreme Court of the State of Missouri, by a writ of error, issued under the twenty-fifth section of the judiciary act. The suit was originally brought in the Circuit Court (State court) for the county of St. Louis, but the venue changed to the county of St. Charles. It was an ejectment, brought by the heirs of Mackay against Dillon, to recover a tract or parcel of land in the county of St. Louis, containing two hundred arpents or more, bounded on the north by land formerly belonging to Auguste Chouteau, called the Mill tract; on the south by'aand formerly belonging to Anthony Soulard, deceased ; on the east by the road leading from the city of St. Louis to the village of Carondelet ; on the west by land for- merly of the royal domain. As the instruction asked by the defendant, and granted by the court, referred to the copy of the claim given in evidence, it is necessary to set forth the whole of this evidence upon which the claim of the defendant rested ; and also to state the title of the plaintiffs. The plaintiffs showed title as follows. 1st. Mackay's will, the production of which was afterwards ren- dered unnecessary, by the admission of the defendant, that the laintiffs were the wife and children and sons-in-law of James ackay deceased. VOL. IV. 33

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