Ashley v. Eberts

This was an action instituted in the Circuit Court for the recovery of land. Robert Alberts, who brought the suit, died before trial, and in his stead his heirs were made the plaintiffs; Ashley was the defendant. The issues were submitted to the Court upon the following agreement of facts:

“It is agreed that the land in controversy was granted to *56James Knaggs by the 'treaty between the United States and the Pottoviattomie tribe of Indians, made October the 16th, 1826. Vide U. S. Stat. at Large, vol. 7, ,pp. 295, 299’. The grant, article 6, is in these words: ‘ The United States agree to grant…