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1 City of Saint Louis vs. the United States: Finding of Facts 1875

handle is hein.trials/adfx0001 and id is 1 raw text is: UNITED STATES COURT OF CLAIMS.
CITY OF SAINT LOUIS vs. THE UNITED STATES.
FINDING OF FACTS.
In this case, upon the evidence, the court finds the facts to be as
follows:
§1. On the 6th of December, 1796, Jean B. Gatnache presented
to Don Zenon Trudeau, lieutenant-governor of the western part of Illi-
nois, in the then Spanish province of Upper Louisiana, a petition pray-
ing a grant of land to him in the vincinity of the village of Carondelet ;
and he designated the land which he prayed for, as the continuation
of the lands, (common- fields,) taking for his limits the limit of Mr. Con-
stant, thence to the Mississippi and the river Des P~res for limit, com-
ing to the village of Carondelet.
The exact position of the land thus sought by said Gamache does
not appear; but it was north of the river Des Pares, a small stream
running eastwardly, and emptying into the Mississippi River about one
mile and a quarter south of the southern end of the village of Caronde-
let, as it existed in 1803.
§ 2. On the 7th of December, 1796, Lieutenant-Governor Trudeau
indorsed on said petition the words following:
The land demanded is within the limits of land reserved for the pur-
pose of furnishing wood necessary for the use of the village of Caronde-
let, and the demand which is made by Mr. Gamache cannot take place,
nor any other concession be granted in the direction of a line taken
from the end of the field-lots of the village and runing parallel with the
Mississippi, farther down said river one hundred and fifty arpents.
§ 3. On the 25th of December, 1797, Antoine Soulard made the fol-
lowing certificate:
We, the undersigned, a surveyor commissioned by the govern-
ment, do certity to all to whom it shall appertaiu, that, on this 21st
of December, in virtue of an order transmitted by the lieutenaut-gov-
ernor to Mr. De Treget, captain-commandant of the said village, enjoin-
ing upon the inhabitants to make known the line of a tract of land
which was conceded to them on the 7th of December, 1796, which line
must be parallel with those of Mr. Anto. Reihle and Alvarez. The
said inhabitants in presence of their commandant have agreed upon
causing their line to be drawn from the last bound placed at the extrem-
ity of the depth of their lauds, which had formerly been surveyed by
Mr. Pre. Choutean, in virtue of an order from the lieutenant-governor.
Having taken the bearing course of these same lands, I found that they
ran south 280 west. I followed this same course 23 arpents 3j poles, at
which distance I intersected the river Des Ptres ; the end of the line on
the bank of the same river has been bounded with a stone, ha%,ing for
witness two flint-stones and one flattened lead bullet. The land of Mr.

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