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Maguire v. Tyler U.S. 650 (1869)

handle is hein.slavery/ussccases0382 and id is 1 raw text is: MAGUIRE V. TYLER. Syllabus. and, indeed, could not have been, as the point was submitted to the jury as favorably to 'the defendants as could have been asked. We think the court, after having submitted fairly the evidence on both sides bearing upon the question, had a right, in the exercise of its discretion, to refuse the request. If, however, the court had inclined to go further, and charge as to the burden of proof, it should have been that it belonged to the defendant. The loss of the bill by the bank carried with it the presumption of negligence and want of care; and, if it was capable of explanation, so as to rebut this presumption, the facts and circumstances were peculiarly in the possession of its officers, and the defendant was bound to furnish it. Where a peculiar obligation is cast upon a person to take care of goods intrusted to his charge, if they are lost or damaged while in his custody, the presumption is that the loss or damage was occasioned by his negligence, or want of care of himself or of his servants. This pre- sumption arises with respect to goods lost or injured, which have been deposited in a public inn, or which had been in- trusted to a common carrier. But the presumption may be rebutted.* JUDGMENT AFFIRMED. MAGUIRE v. TYLER. 1. When the documentary evidence of title produced by a claimant of an incomplete title to land in the territory ceded by France in 1803 con- tains no sufficient boundary lines marking a definite parcel of land so as to sever it from the public domain, the concession, in such case, creates no right of private property which can be asserted in a court of justice without an antecedent survey and location. 2. Although there are cases in which it has been held that when there had been a confirmation of an incomplete title, and a subsequent confirma- tion of another claim to the same land, that the elder confirmation de- * Dawson v. Chamney, 5 Q. B. 164; Coggs v. Bernard, 2 Lord Raymond, 918; Day v. Riddle, 16 Vermont, 48; 1 Phillips on Evidence, Cowen's & Hill's Notes, p. 633. [Sup. Ct.

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