THIS case was brought up, by writ of error, from the circuit court of the United States for the district of Missouri.
It was an action of ejectment, brought by West, a citizen of the State of Illinois, against Cochran, a citizen of Missouri, for all that tract or parcel of land situated in the city and county of St. Louis, in said district, and which tract or parcel of land is described as follows: Lot number one hundred and three, (103,) in block number three hundred and twenty-one, as the said lot is laid down and numbered on the map of the said city, and is bounded on the east by Second-street, beginning at the southwest corner of Chambers and Second-street; thence along the west side of Second-street, eighty feet, more or less, from Chambers-street; thence westwardly on a line parallel with Chambersstreet, one hundred and fifty feet to an alley; thence northwardly eighty feet to Chambers-street; thence eastwardly along the south side of Chambers-street one hundred and fifty feet, to the place of beginning.
West claimed under the reservation made by Brazeau in his deed to Labeaume, and under the confirmation of Brazeau's title by the board of commissioners on the 22d of September, 1810.
Cochran claimed under a similar confirmation of the same date to La Beaume. The patent for Brazeau's claim did not include the land in dispute, whilst the patent for Labeaume's claim did include it; and the question was, whether West, claiming under Brazeau's title, could show that the patent had been erroneously located, and could claim under the confirmation.
The circuit court decided against West, and he brought the case up to this court by a writ of error. The case is particularly stated in the opinion of the court.
It was argued by Mr. Blair and Mr. Ewing, for the plaintiff in error, and by Mr. Hill and Mr. Cushing, (attorney-general,) for the defendant in error.
The following notice of the point upon which the decision of the court turned, is taken from the brief of Mr. Ewing, one of the counsel for the plaintiff in error:--
The court, on the trial of this cause below, instructed the jury that these surveys and patents were conclusive as to both the parties; that neither of them was at liberty to reject and set up a claim against them, or otherwise than under them. To this the plaintiff excepted.
We claim that the court erred in this instruction, and on this arises the first and most important question in the case.
Brazeau claims under a confirmation by the United States commissioners, pursuant to the act of March 3, 1807. Now, if that confirmation passes the legal title, or if it creates an equity or inchoate legal title to the land confirmed, the instruction of the court was wrong, and the judgment must be reversed; and we contend -
1. That the confirmation passes the absolute legal title; and though a patent may issue, it is merely evidence of a title already complete under the law. 2 Stats. at Large, 441, § 4.
The operative words of the statute are: 'Which decision of the commissioners, when in favor of the claimant, shall be final against the United States, any act of congress to the contrary notwithstanding.' Here the claimant had an imperfect title. The United States confirms it by her commissioners, and declares that this award of confirmation shall be final against her.
It seems to have been the intent, that the confirmation by the commissioners in this case should stand in the place of a confirmation by congress, under the act of 1805, ch. 26, (2 Stats. at Large, 324.)
The act of 1805 provides, (section 5,) that such 'decisions shall be laid before congress in the manner hereinafter directed, and be subject to their determination thereon.'
The act of 1807 does not submit the case to the action of congress, but declares that the decision of the commissioners, when in favor of the claimant, 'shall be final against the United States.'
The confirmation is complete, in the one case, with the action of congress on each particular claim; in the other, by the action of the commissioners without the action of congress. In both cases a patent is to issue; but in one of these cases the legal title passes without the patent. Doe v. Eslava, 9 How. 446, 447; Stoddard v. Chambers, 2 Ib. 307.
Why does it not pass in the other? The confirmation is complete, the act of the commissioners final. Why does not the legal title pass?