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1 City of Carondelet vs. the United States: Brief for the Defendants 1880s

handle is hein.trials/adfq0001 and id is 1 raw text is: XUthe en of (51MM of the Miltta MAWe. 'OARONDELET ) 118. No. 1813. THE UNITED STATES.) Brief for defendants. The claim in this suit is: (1.) That Carondelet had a perfect title under the act of June 13, 1812, and the subsequent survey of Elias Rector, to the 9,905.29 acres included in that survey, and that, therefore, the military reservation of 1,702.04 acres within the lines of the survey was an appropria- tion of the property of Carondelet to public use, for which the Government is bound to render just com- pensation. (2.) That the deed from Carondelet to the United States, conveying the said seventeen hundred and two and four-hundredths acres, executed in 1854, was with- out consideration, was obtained by duress, and should be declared to be null and void. Before the act of June 13, 1812, making further provision for settling the claims to land in the Territory of Missouri, 2 Stat., 748, the inhabitants of Carondelet had presented a claim of common to the extent of 6,000 arpents to the board of commissioners appointed to ex. amine and decide upon such claims, who not consider- ing it sustained by evidence rejected it. The best face that could be put upon that claim was that in 1796 Zenon Trudeau, lieutenant-governor, had reserved a

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