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1 City of Carondelet vs. the United States: Solicitor's Brief 1875

handle is hein.trials/adfn0001 and id is 1 raw text is: IN THE COURT OF CLAIMS. CITY OF CARONDELET vs. THE UNITED STATES. SOLICITOR'S BRIEF. Claim to set aside a conveyance by the city of Carondelet to the United States, for Jefferson Barracks. MATERIAL AVERMENTS IN CLAIMANT'S PETITION. 1. That the premises claimed were included in a grant made by the Spanish government to the city of Carqgdelet. This averment is disputed. 2. That the treaty of 1803 with Fra-ace recognized lawful grants in Louisiana. This is not denied. 3. That the Carondelet grant was-confirmed by the act of June 13, 1812, (2 U. S. L., 1.) It is admitted that Carondelet is included in the words of the act; but it is denied that the claim, as confirmed, covered the premises in question, so as to be included in the provisions of the act. 4. That the Carondelet commons were surveyed, in 1817, by Elias Rector, principal deputy surveyor. It is denied that Rector made any such survey, which included the premises in question, by virtue of legal authority, and which was con- firmed, as such, by any person having legal power to do so. 5. That the War Department applied to the inhabitants of Caron- delet and obtained a deed, dated July 8, 1826, for twelve hundred acres of land, to be held by the United States so long as the same should be found useful for military purposes. This averment is not admitted. 6. That Carondelet obtained a municipal charter in 1832. As there is no act of incorporation in the record, nor any within the reach of the solicitor, he does not know what the fact is, and he, therefore, denies that there is such a corporation as is claimed, having a right to the land in question, or power to sue in this court. 7. That Arthur L. Magenis decided that the inhabitants who gave the deed above mentioned had no authority to do so, and it was in- operative. It is denied that he was invested with jurisdiction to make any decision affecting or controlling the rights of the United States. 8. That the Secretary of War made known to the Commissioner of the General Land Office, on June 22, 1839, the necessity of annulling the previous survey of Carondelet commons, to save Jefferson barracks. This averment is denied. 9. That the Commissioner of the General Land Office was improp- erly influenced by the Secretary of War, and erroneously decided, on January 20, 1841, that the inhabitants had no legal title to the Carondelet commons.

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