Yount
Yount v. United States
Opinion
Lead Opinion
Hoffman, J.
On the hearing 'of this case, no oral argument on its merits was had, but the district attorney stated that the objections to its validity on which he should rely were those contained in the opinion of the board of commissioners rejecting the claim. To meet the objections stated in that opinion, additional testimony has been taken in this court, and as no other reasons for rejecting it have been suggested to us, we have now to inquire whether those objections were well founded, and whether they have been since removed by the additional testimony taken in this court. The ground on which, the claim was rejected by the commissioners, and the only objection mentioned in their opinion, is that the land was not designated in the original grant with sufficient certainty to effect its severance from the public domain. No juridical possession of the land was given—the officer whose duty it was to give it having been deterred by fear of the Indians from doing so. It appears from the expediente in this case that the claimant made his petition to the governor for the grant on September 14th, 1843. After due reference of the same for information, and several reports thereon, Governor…