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John McDonogh, Plaintiff in Error, v. Laurent Millaudon and others, Defendants U.S. 693 (1845)

handle is hein.slavery/ussccases0312 and id is 1 raw text is: JANUARY TERM, 1845. JOHN McDoNoGH, PLAINTIFF IN ERROR, v. LAuIRNT MiLLAUDON AND OTHERS, DEmENDANTS. The treaty by which Louisiana was ceded to the United States recognised com- plete grants, issued anterior to the cession, and a decilion of a state court against the validity of a title set up, under such a grant, would be subject to revisal by this court under the 25th section of the Judiciary Act. But if the state court only applies the local laws of the state to the construction: ofthe grant, it is not a decision against its validity, and this court has no jurisdiction. Congress, in acting upon complete grants, recognised them as they stood; and the act- of I1th May, 1820, confirming such as were recommended for con- firmation by the register and receiver, had no reference to any particular surveys.. A decision of a state court, therefore, which may be in opposition to one of these surveys, is not against the validity of a title existing under an act of Congress, and this court has no jurisdiction in such a case. Where 'acause has been pending in this court for two terms, a writ of certiorari sent down at the instance of the defendant in error, to complete the record, and the defehdant in error then moves to dismiss the case upon the ground that the cerk of a state court issued the writ of error, and one of the judges- of that court signed the citation, the moti6n comes loo late. Tuis case was broghLt-up by-Writ of error, under the 25th sec- tion of the Judiciary Act, from the, Supreme Court of the state of Louisiana. The decision of this court being against its juridiction, it seems best to give the opinion of the Supreme Court of Louisiana, as the facts in the case and the pbints decided by that court are.stated with great clearness. Supreme Court of the state- of Louisiana. The court met, Monday, April 26th, 1841. , Present, their honours Henry A. Bullard, A Morphy, E. Simon, and Rice Garland. His honour Judge Martin is absent on account .of indisposition. Laurent Miltaudoa et al., appellees, Appeal from .the District Court for the John McDonogh, appellant. ) First Judicial District. The plaintiffs (Millaudon and others, who were plaintiffs in the original action) allege that they,* with Henry T. Williaas and Charles F. Zimpel, purchased a large tract of land of A. F. Rightor, being a portion of a claim or grant generally known as the toumas, in the parish of Ascension. They took possession'wifh the inten- tion of dividing it into smaller tracts and selling them at auction, to effect a partition ; but were prevented from doing so by the acts and conduct of the defendant, -w.ho publicly declared that he was the owner of a large portion of the land, and slandered their title. They say they have requested him to desist his slanders, or to bring suit to assert his title, which he declines. They pray that he be compelled to set-forth his title, if he has any, and if he fail to do so,

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