Lessee of French and Wife v. Spencer
Supreme Court of the United States
This case was brought up by writ of error from the .Circuit Court of the United States for the district of Indiana. It w;as an ej ectment brought by French'and wife, to recover an undivided- half of three hundred and twenty acres of land m the county of .Vigo, in Indiana. ■ Upon the trial, the evidence offered by the plaintiff was as follows: 1. Evidence-that one Silas Fosgit, who had been a Canadian volunteer in the army of the United States in the last, war with Great…
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This case was brought up by writ of error from the .Circuit Court of the United States for the district of Indiana. It w;as an ej ectment brought by French'and wife, to recover an undivided- half of three hundred and twenty acres of land m the county of .Vigo, in Indiana. ■ Upon the trial, the evidence offered by the plaintiff was as follows: 1. Evidence-that one Silas Fosgit, who had been a Canadian volunteer in the army of the United States in the last, war with Great Britain, had died between the 28th of June, 1816, and the 29th day of June, 1823, and that his only heirs at law were…
1Opinion of the CourtJustice Catron
Silas Eosgit obtained a warrant for three hundred and twenty acres 'of land as a. Canadian volunteer in the war of 1812 with Great Britain. This warrant he caused tó be.- located in the Indiana -Territory, June 3, 1816, on the land in dispute. On the twenty-eighth day of that month he conveyed the land to "William.H. Spencer, who died in possession of the same; it descended to his children and heirs, who continued in possession, and are sued in. this action by one of the two heirs of Eosgit, who died about 1823. A patent was issued by the United States -to Eosgit, dated in October, 1816. The…
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