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MARSH ET AL. v. BROOKS ET AL.

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55 U.S. 513 (1853)

14 How. 513

14 L.Ed. 522

SAMUEL MARSH, WILLIAM E. LEE, AND EDWARD C. DELAVAN, PLAINTIFFS IN ERROR, v. EDWARD BROOKS, AND VIRGINIA C. HIS WIFE, CHARLES P. BILLON, AND FRANCIS E. HIS WIFE, WALTER G. REDDICK, AND DABNEY C. REDDICK.

Supreme Court of United States.

March 3, 1853.

Attorney(s) appearing for the Case

It was argued by Mr. Butler, for the plaintiffs in error, and Mr. Geyer, for the defendants in error.

Mr. Justice CATRON delivered the opinion of the court.

This case was before us in 1850, and is reported in 8 Howard. We then held that as the patent to Reddick's heirs of 1839 was younger than the treaty of 1824, and the confirming act of 1836, by which the title of the United States was primâ facie vested in the Sac and Fox half-breeds, the patent could not prevail. Nor could its recitals be relied on to give...

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