Official Opinions of the Attorneys General of the United States, Advising the President and Heads of Departments, in Relation to Their Official Duties Volume 28

Official Opinions of the Attorneys General of the United States, Advising the President and Heads of Departments, in Relation to Their Official Duties Volume 28

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...thereof; and recommended that an action should be instituted, on behalf of the United States, to dispossess the occupant claiming under the grant to Madame Lecompte, of all the land outside of the grant to her when properly located; and to have the true construction, and proper extent and location ofthe grant to Madame Lecompte, settled by judicial decision. I have no cause to change that opinion, and repeat that ad vice as being the proper and best mode of settling the controversy. It is necessary and proper, because Mr. McMaster is in possession of lands which, in my opinion, properly belong to the United States, consistingof thousands of acres of land outside of the grant to Madame Lecompte, when properly located, but within the lines thereof as improperly extended. The occupant, Mr. McMaster, cannot institute suit against the United States, if he would, to quiet. his claim to land whereof he has possession; but the United States can institute suit against Mr. McMaster to oust him of his legal possessions. The act of Congress of 3d Marcb, 1807, (2 Stat. at Large, p. 445, ) entitled an "Act to prevent settlements being made on lands ceded to the United States until authorized by law," gives to the President of the United States the power to remove intruders on the public lands in a summary way. But the provisoes to the sections of that act, except the case of Mr.McMasters, are out of the summary proceedings authorized by the body of the enactments. Nevertheless the remedy by process of law to recover possession of lands belonging to the United States, from persons holding adversely under color of claim derived from Spain before the cession of Louisiana to France, and from France to the United States, is not at all...show more

Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236934555
  • 9781236934550