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Neutral Zone Settlers # 101-280

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Asa Hickman, of the parish of Natchitoches, assignee of Theophilus Hickman, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land. lying within the late neutral territory, and situated on Bayou Santaburb, bounded on the southeast by lands of the claimant, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

” John Self, being sworn, says that he knows the land claimed by Asa Hickman in his above notice; that said land is situated and lying as is therein described.; that said land was occupied, inhabited, and cultivated by Theophilus Hickman, under whom the claimant holds, by his living and growing corn, &c. thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation was continued by said Theophilus and the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about thirteen acres. And William Cummings, being also sworn, says that all the foregoing facts are within his knowledge, but is not certain whether the land claimed was actually settled on February 22, 1819, or not; but he positively knows that Theophilus Hickman raised a crop thereon in the year 1819.”

We are of opinion the claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

136. John Cortes, of Bayou See, parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying -within the late neutral territory, situated on the Bayou See, bounded on the east by Francisco Rosalis, on the west by John Burden, on the south by a street of a Spanish village, and containing 610 acres. The claim is supported by the following testimony taken before the board:

“F. Rosalis and F. Gonzales, being duly sworn, say they know the land claimed by John Cortes in his above notice; that the same is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about three acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class”

137. Lettrieus Alrio, of the parish of Natchitoches, filed his notice claiming a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the north by John Grammon, on the east by John Maximillien, east by a street of a Spanish village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Rosalis and Feliciano Gonzales, being duly sworn, say they know the land claimed by Lettrieus Alrio in his above notice; that the same is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of ” third class.”

138. Simon Montalbo, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the north by Andres Gallin, west by Maximillien, east by a street Of a Spanish village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Francisco Rosalis and Feliciano, Gonzales, being sworn, say they know the land claimed by Simon Montalbo in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about two acres.”

Being of opinion this claim ought to be confirmed, we have, in the abstract, classed it with claims of the ” third class.”

139. Widow Ganasien Parrira, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the north by John Maximillien, on the east by Francisco Grammon, on the west by Bstevan Bascus, and containing 640 acres. In support of which the following testimony was taken before the board:

F. Rosalis and F. Gonzales, being duly sworn, both declare that they know the land claimed by Ganasien Parrira (widow) in her above notice; that the same is situated and lying as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by her living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on land claimed embrace about two acres.”

Being of opinion this claim ought to be confirmed, we have in the abstract classed it with claims of the ” third class.”

John Grammon, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the northwest by Andreas Galino, south by Antonio Le Rous, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Rosalis and F. Gonzales, being duly sworn, say they know the land claimed by Juan Grammon in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been uninter­ruptedly continued by the claimant since that period to the present time; and that the claimant’s improve­ments on the land claimed embrace about three acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

141 Widow Interests Toval, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the Bayou See, bounded on the west by Outenies, north and east by Jose Antonio, south by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Rosalis and F. Gonzales, being duly sworn, say they know the land claimed by Interest.e Toval in her above notice; that the same is lying and being as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by her living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvenients on the land claimed embrace about one acre.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

142. Estevan Bascus, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract. of land lying within the late neutral territory, situated on the Bayou See, bounded on the east by John Maximillien, on the west by Peter Patterson, on the north by a street of a Spanish village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Francisco Rosalis and Felician Gonzales, being duly sworn, say they know the land claimed by James McKimm, jr., of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Provençal, bounded on the upper side by land claimed. by James McKimm, elder, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“John Self and Asa Hickman, being sworn, severally say that they know the land claimed by James McKimm, jr., in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been con­tinued by the claimant, and a person holding under him, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about thirty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed. it with claims of the third class.

Abraham Wrinkles, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the east side of Bayou Kisatchie, bounded on the lower side by land. claimed by Placide Bossier, and containing six hundred and forty acres. The claim is fully supported by the testimony; but, being satisfied that lands lying on the east side of the Bayou Kisatchie were never considered as being within the neutral territory, we are compelled to say that the claim ought not to be confirmed, and in the abstract have classed it with claims of the fourth class.

Ethelred Smith, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on both sides of the Bayou Santaburb, bounded on the upper side by land claimed by Josiah S. Johnston, and on the lower side by John Curtis, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

” Asa Mathis and Major Smith, being sworn, severally say that they know the land claimed by Eth­elred. Smith in his above notice; that said land is situated and lying as is therein described; that the same was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about 8 acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

James Hickman, of the parish of Natchitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situate on the waters of the Santaburb, bounded on all sides, as is supposed, by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“John Self and William Cummins, being sworn, say that they know the land claimed by James Hickman in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about 12 acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

William Cummings, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the waters of the Bayou Santaburb, bounded above by land claimed. by William Hickman, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” John Self and Asa Hickman, being sworn, say they know the land claimed by William Cummings in his above notice; that said land is lying and situate as is therein described; that said land was occu­pied, inhabited and cultivated by the claimant, by his living and growing corn, &c., thereon, on and pre­vious to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about 12 acres.”

We are of opinion this claim ought to be Confirmed, and in the abstract have classed it with claims of the “third class.”

William Hickman, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Santaburb, bounded on the lower side by land claimed by William Cummings, and containing 460 acres. The claim is supported by the following testimony taken before the board:

” John Self, being sworn, says be knows the land claimed by William Hickman in his above notice; that said land is situate and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about 15 acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

George Schamp, and Pelagic Schamp, his wife, of the parish of Natchitoches, filed their notice claiming, by virtue of a concession in favor of John Adle, dated May 14, 1/96, a tract of land lying within the late neutral territory, situated at a place known by the name of the Aroya. de la Deesa, in the settle­ment of Bayou Pierre, having half a league on each of the four cardinal courses from the above-mentioned place, and containing 5,760 acres. The claim is supported by an authentic copy of the following original documents, to wit:

To the Lieutenant Governor Mr. BERNADO FERNANDEZ:

” John Adle, a citizen, settled at the bayou called De las Piedras, of the jurisdiction of the settlement of Nacogdoches, on the .place known by the name of the Margin of the Aroya de in Deesa, with the great­est respect and submission saith that, agreeably to the decree published at the guard-house of this place, requiring of those who had not the titles to their lands in due form, to apply so as to have them legalized, I come forward to beg of your honor to have the goodness to grant me the possession of a tract of land. which has been given to me by Mr. Pablo Borel Laffitt, at the Aroya de In Deesa, half a league on each of the four cardinal courses, to build my house, cultivate a field, and to bring thither my family, for me to use the same, and afterwards to my children, my heirs, and successors. Your petitioner begs of your honor to admit this petition on common paper, as there is none of the stamped, and your petitioner, &c

“JOHN ABLE.”

” NACOGDOCHES, December 27, 1195.

“The surveyor says there are signs on the said land: without injury to a third person, put him in pos­session in due form, and return me this document immediately after the taking possession.

“FERN.”

” On the twenty-ninth day of the month of December, year seventeen hundred and ninety-five, in com­pliance with the foregoing decree, I, Joseph Cayetano de Zepeda, land commissioner of the jurisdiction of Nacogdoches, being accompanied by the witnesses of my assistance, Mr. Joseph de la Vega and Vicente del Rio, went to the place called. El Aroya de la Deesa, John Adle being present, to give him the possession I was ordered to give him; accordingly, it being on the same place of the Aroya de la Deesa, after inquir­ing if there were neighbors on the limits or boundaries of the said land, in order to have them called, to be convinced that the said tract of land does not belong to Pablo Babit Laffitt, said Pablo gives it as a donation to said Adle, permitting him to apply for and obtain the grant of the Aroya de In Deesa, who asks half a league on each of four courses, as stated in his petition. I have visited the said land with the said witnesses of my assistance, and took the said Adle, and examined. the surface of the said land from the north to the south, and from east to west, planted posts, cut down several trees as a sign of pos­session granted him in the name of his Majesty to the said Adle, as legitimate owner of the same land, measuring two square leagues, as is expressed in his foregoing solicitation, and gave the name to the same of Senor San Juan del Aroya de la Deesa, and forever to be called by that name; and the above-mentioned Adle is actually in complete possession, agreeably to the rights of all the already mentioned lands; and in consequence I have signed this grant, with the witnesses of my assistance, at the place of San Juan del Aroya de la Deesa, in the same day, month, and year above mentioned.

“JOSE CAYETANO DE ZEPEDA.

” VICENTE DEL

” JOSEPH Lea DE LA VEGA.

” PABLO Babbit Lafitt.”

” Considering the foregoing act of possession given to John Adle, without any contradiction of parties, place the original document in the records, and give a copy of the same to the party as a title of property; 1, Don Bernado Fernandez, lieutenant of cavalry, and actual commandant of the jurisdiction of Nacog­doches, have signed it, with the witnesses of my assistance, on the 14th day of the month of May, 1790.

” BERNADO DE FERNANDEZ.

“Witnesses of assistance: Jost MA- GUADIANA.

” MIGUEL SANCHEZY

” Compared with the original that remains in the records under my charge, to which I refer myself; and that at the drawing of this copy were present the following witnesses, who have signed with me, at Nacogdoches, 30th day of the month of May, 1196.

” JOSEPH MARL, GlIADLANA. ” MIGUEL SANCHEZ.

By an authentic copy of an act of sale, dated January 21, 1821, passed before Charles Slocum, judge of the parish of Natchitoches, filed with the notice of this claim, John Adle and Jeanavieve Dubois, his wife, for the consideration of $1,000, sold to the claimants the land conceded in the foregoing grant.

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “first class.”

Santiago Ruiz, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated about one mile west of a Spanish village, near the road leading from Natchitoches to Las Armegas, bounded on the north by land claimed by Manuel Gonzales, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

” Samuel Davenport and Aug. San Miguel, being sworn, say they know the land claimed by Santiago Ruiz in his above notice; that said land is situated and lying as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embraced about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

Emanuel Prudhomme, of the parish of Natchitoches, filed his notice claiming a tract of land lying within the late neutral territory, situated at the Adaise, and around the village of Adaise, containing one league square, claimed by virtue of a concession signed by the lieutenant governor and commandant of Nacogdoches, which concession the claimant alleges be cannot procure, because the same was carried off with the archives of that post in the year 1812; claimed also by virtue of habitation, occupation, and cultivation for upwards of thirty years. The olaim is supported by the following testimony taken before the board:

“Jose Maria Mora, being sworn, says that he knows the land claimed by Emanuel Prudhomme in his above notice; that the same is situated as is therein described; that it was a matter of public notoriety at Nacogdoches that a title had been accorded to the claimant for-the land claimed by the then commandant of Nacogdoches, Don Antonio Gil y Barvo; that he knows that his uncle, now deceased, Yaciento Mora, as tithe collector, collected the tithes assessed upon said land of the claimant; that thirty-four years ago the land was inhabited by the claimant, who kept a an there, a large stock of cattle, had a house, pens erected thereon necessary for a vacharie; that the settlement then had the appearance of being an old one.”

” Samuel Davenport, being sworn, says that he knows the land claimed by Emanuel Prudhomme in his above notice; that the same is situate as is therein described; that it was understood as a matter of public notoriety at Nacogdoches that the claimant had a title from the commandant of Nacogdoches, Don Antonio Gil y Barvo, similar to those issued by him to other claimants; that he knows that the then com­mandant at Nacogdoches required all the titles or grants issued previous to 1792, at which time Gil y Barvo was suspended, to be brought in, that new titles might issue, agreeably to instructions from his superior; that in the year 1812 all the records and archives of a public nature at Nacogdoches were carried off by the then commandant, and have never been returned, so that copies of titles or papers therein could be obtained; deponent knows that in 1795 the claimant kept his vacharie on the land claimed, had …white men, negroes, horses, &c., and had houses, pens, &c., thereon.”

“Jose Bernado Guitierez, being sworn, says that he knows that all the public archives and records of the post and jurisdiction of Nacogdoches were carried. off from that place by Lieutenant Governor Montaro and Pedro Sombranos the day before the army commanded by the deponent entered Nacogdoches in 1812; knows not where said records and archives are now, but he knows they were never returned.”

“John Cortes, being sworn, says that in the year 1813 be was on the land claimed, with the claimant, at the time of the emigration of a number of Spaniards from Texas; that the land appeared to be under considerable state of cultivation; that while there a number of said Spaniards demanded of the claimant permission to reside on the land claimed, which was granted on condition that, when they quit, their improvements and houses should belong to the claimant; and that under said permission said Spaniards settled, and have lived on, and cultivated said land ever since to the present time.”

We have no doubt, from the testimony, that the grant once existed; and we think that the fortuitous event that places that instrument beyond the control of the claimant is sufficiently shown. [See further on this head answers to the sixth interrogatory, at the commencement of this report.] Therefore we are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the first class.

Augustin T. San Miguel, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated in a Spanish village about sixteen miles southwest of Natchitoches, and containing eleven acres and eighty­seven-hundredths of an acre, agreeably to a plat of survey drawn by John Dinsmore, jr., deputy surveyor of the United States, dated August 28, 1823, and filed with the notice. The claim is supported by the following testimony taken before the board:

“Samuel Davenport and Jose M. Mora, being sworn, say that they know the land claimed by Augustin T. San Miguel in his above notice; that said land is situate and lying as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, Szc., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

112. John Cortes, (merchant,) of the parish of Natchitoches, assignee of Trenck Tarvin, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the right bank of Bayou Terre Blanche, and left of Bayou Dupont, bounded north by land claimed by George McTier, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Augustin San Miguel and Jose M. Mora, being sworn, each say they know the land claimed by John Cortes in his above notice; that said land is situated and lying as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said occupation, inhabitation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about twenty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

113. The legal representatives of Pierre Dolet, of the parish of Natchitoches, filed their notice claiming a tract of land lying within the late neutral territory, situated on the Bayou of the Adaise, in the settlement of Bayou Pierre, containing one league around the compass, taking for centre the house in which they live, so that the whole tract may form a square of two leagues on each front; claiming, by virtue of a grant signed and approved by the lieutenant governor of Nacogdoches, dated January 14,1’796, as also by virtue of occupation, habitation, and cultivation, for thirty-five years. The claim is supported by an official copy of documents, of which the following is a translation:

“SENOR LIEUTENANT GOVERNOR: Pedro Dolet, of Bayou Pierre, with duo respect, represents that he has made a settlement on one of the margins of the Bayou of the Adaise, built a house, expended labor, and raised herds of horses and cattle: wherefore, he prays that you would grant him, at the place aforesaid, a league around the compass, taking for centre his aforesaid house, so that all the land he prays for may form a square of two leagues on each front, for himself; his children, and representatives. He prays you would grant him the aforesaid land on the terms by him stated; a favor which he hopes to deserve, &c. Bayou Pierre, December 7, 1795.

“Nacogdoches, December 27, 1795. Whereas, Pedro Dolet has made a settlement on the margin of the Bayou of the Adaise, with his house and herds, let this be referred to the procurador de este comun, and let him put the petitioner formally in possession of the land prayed for, without prejudice to third persons.

“DON ERNANDEZ”

“On this 29th day of December, 1795, in compliance with the foregoing decree, I, Jose Cayetano de Zepeda, sindico procurador del comun Pueblo de Nu,estra Senora del Pibar de Nacogdoches, went with the witnesses of my assistance, Don Jose de la Vega and Vicento del Rio, to the place called Bayou of the Adaise, where the petitioner claims, and has built his house, in order to give to the said D. Pedro Dolet, who is now living on the premises, possession according to the decree; wherefore, being at the designated place on the Bayou of the Adaise, and having inquired whether any of the neighbors would be injured by this grant, and having well ascertained that there was no impediment whatever, and that none of the boundaries of the adjacent proprietors intersected or touched those designated by Pedro Dolet in his foregoing petition, for which reason no injury can result to the nearest neighbors by giving Pedro Dolet possession of the land he claims in his petition, with all the extent and the boundaries therein mentioned; I have visited those boundaries, and the land they surround, with the aforesaid witnesses of my assist­ance, and the said Pedro Dolet, and, taking the latter by the right hand, I went with him a certain number of paces from north to south, and afterwards from east to west; and then, having let his hand go, he went as he pleased on the said land of the Bayou of the Adaise, pulled up grass, made holes in the ground, planted stakes, cut bushes, threw dust into the air and on to the ground, and performed several other things and capers, as evidence of the possession which I had given him in the name of his Majesty, whom God preserve, of the said land, with the extent and boundaries which he has demanded, and in proof of the property which he now holds in it as sole master by virtue of this act of possession, and, also, as a symbol of the right of property which he forever holds on said land, of one league on each course of the compass, in the manner, place, and with the boundaries expressed in his foregoing petition, with all uses and privileges thereunto belonging; and, afterwards, I have designated the aforesaid tract of land by the name of San Pedro de las Adaise, so that it may forever go by that name; and, in order that said Pedro Dolet may be forever quieted in. the peaceable enjoyment of his said land agreeably to law, and that the evidence of his right may appear, I have signed these presents, with the witnesses of my assistance, at San Pedro de las Adaise, the day, month, and year aforesaid.

“JOSE CAYETANO DE ZEPEDA.

“Jost LUIS DE LA VEeA. “VICENTE DEL Rio.”

“Having seen the foregoing proces verbal of possession given to Pedro Dolet, and without opposition, let this original document be recorded, and let the party have such evidence of it as will enable him to prove his right of property. I, Bernado Fernandez, lieutenant of cavalry, and commandant of the post of Nacogdoches, in the presence of the witnesses of my assistance, did receive and record the said deed in place of a notary, there being none; and I did not seal it, having no seal of office. In testimony whereof, I have signed these presents the 14th day of January, 1796.

“Assisting witnesses: Josh MA. GUAD/ANA.

“Mrs. SANCE.M.

“A correct copy from the original, deposited with the public records in my possession. Taken, cor­rected, and compared, for and at the request of Don Pedro Dolet, in presence of the witnesses of my assistance, who with me signed these presents, at Nacogdoches, the 30th day of May, 1796.

“BERNADO FERNANDEZ.

“Attest: MIGUEL SANCHEZ­“Josh MARTI GUADIANA.”

In further support of the claim the following testimony was taken before the board:

“Bertrand Plaisance, being duly sworn, says that he knows the land claimed by the legal represen­tatives of Pierre Dolet in their notice No. 113; that the same is lying and situated as is therein described. Deponent knows that Pierre Dolet had his vacharie, consisting of a large stock, on the land claimed at least thirty-five years ago; that he lived on, occupied, and cultivated the land claimed at that time, and that the said inhabitation, occupation, and cultivation has been continued by the claimant since the first establishment until the present time; and that the claimant’s improvement on the land claimed embraces about three hundred acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with ” claims of the first class.’

John Litton, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou. San Miguel, bounded on the west by land claimed by Samuel Davenport, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“James Gray and Asa Beckum, being sworn, severally say that they know the land claimed by John Litton in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about fifty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with “claims of the third class.”

Asa Beckum, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou San Miguel, bounded on Vie west by claim of Samuel Davenport, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“James Gray and John Litton, being sworn, say that they know the land. claimed by said Asa Beckum in his above notice; that said land is situated and lying as is therein described; that the same was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time, and that the claimant’s improvement on the land claimed embraces about twelve acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with “claims of the third class.”

Hannah McKimm, of the parish of Natchitoches, filed her notice claiming a tract of land, by virtue of occupation, habitation, and cultivation, lying within the late neutral territory, situated on the southwest fork of Bayou Provincial, bounded on the north by James McKimm, and containing six hun­dred and forty acres. In support of this claim no admissible proof was offered. Therefore,

We are of opinion this claim ought not to be confirmed, and in the abstract have classed it with “claims of the fourth class.”

Nancy R. Hays, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on both sides of the Bayou Provincial, bounded on the lower side by land claimed by James McKimm, senior, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“John Sibley, being sworn, says he knows the land claimed by Nancy R Hays in her above notice; that said land is situated and lying as is therein described; that said. land was occupied, inhabited, and cultivated by the claimant, by her living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with “claims of the third class.’

John Sibley, of the parish of Natchitoches, filed his notice claiming a tract of land lying within the late neutral territory, lying and being on the Bayou Wallace, bounded. below by the heirs of James Quinilty, on the north by the heirs of Francois Prudhomme, and containing the contents of a league square, claimed by virtue of a Spanish grant to Jacob Wallace, dated -; transferred by the heirs of the grantee to the claimant and William 0. Alexander, May 20, 1809, and by the latter to the claimant on May 18, 1820.

No document of title or testimony of any kind was filed with this notice, but we were referred gen­erally to a notice of the same claimant fded with the late register, under the act of May 11, 1820, where the grant, the foundation of his claim in both cases, is found. No benefit can result to the applicant from an examination of his title here, and we think it more regular that the titles should remain as at first filed, to be reported by the register under the above mentioned act. Therefore,

We are of opinion this claim ought not to be confirmed, and in the abstract have classed it ‘with “claims of the fourth class.”

The heirs of Michael Quinn, of the parish of Natchitoches, filed their notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the headwaters of the Bayou Bain, bounded on the northwest by land claimed by John Sibley, on all other sides by land supposed to be vacant, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“John Sibley, being duly sworn, says that he knows the land claimed by the heirs of Michael Quinn in their above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the ancestor of the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by the claimant uninterruptedly since that time to the present day; and that the claimant’s improvements on the land claimed embrace about twenty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the “claims of the third class.”

120. John Sibley, of the parish of Natchitoches, filed his notice claiming, by virtue of a Spanish concession, issued by the commandant of Nacogdoches, dated October 16, 1119, in favor of Francis INforran, a tract of land lying within the late neutral territory, situated on both sides, and in the forks of Bayou Durasmus or Bayou Morvan, bounded below by land claimed by the heirs of Bernard Pantalion, and containing 1,600 acres. No document of title, or testimony of any kind, was filed with this notice; and our remarks in the claim No. 118 are strictly applicable to this. Therefore, for the reasons there given,

We are of opinion this claim ought not to be confirmed, and in the abstract have classed it with “claims of the fourth class.”

121. John Sibley, of the parish of Natchitoches, filed his notice, as assignee of Ounette Boudin, claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on both sides of Bayou St. John, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” Gaspard Bodin and Francois Robin, being duly sworn, say that they know the land claimed by John Sibley in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated, by Ounette Bodin, under whom the claimant holds, by his living and growing corn, &c., thereon, more than twenty-five years past; that said inhabitation, occupa­tion, and cultivation was uninterruptedly continued by said Ounette for four or five years, and until his sale to the claimant; that the improvements on the land claimed embrace about seven acres.” It is not shown, neither can it be inferred from the testimony, that the land claimed was either occupied, inhabited, or cultivated, on February n, 1819; though occupied twenty-five years ago, the claimant’s assignor sub­sequently abandoned his possession, and the land thereby reverted to the domain. We think, according to the usage and laws of the Spanish government of Texas, that the claimant’s right, at the date of the treaty, would not have been recognized as valid.

We are of opinion this claim ought not to be confirmed, and in the abstract have classed it with “claims of the fourth class.”

122 John Sibley, of the parish of Natchitoches, assignee of Littlepage Robinson, filed his notice claiming a tract of land lying within the late neutral territory, situated on the Bayou Bain, and containing one league square, claimed by virtue of a concession granted by the commandant of Nacogdoches, dated, in favor of said Littlepage Robinson, and which concession the claimant alleges is lost or mislaid. The claimant produced the following testimony to establish the existence of the grant and its subsequent loss:

“William Ettridge, being duly sworn, says that he knows the land claimed by John Sibley in his above notice; that the same is situated and lying as is therein described; that the same was inhabited, occupied, and cultivated by Littlepage Robinson, under whom the claimant holds, by his living and growing corn, Sic., thereon, more than twenty-five years ago; that the land then laid unoccupied for about twelve years, when it was occupied by one Petit. Witness says that several years—say ten or twelve—after Robinson left the land, he, Robinson, told this deponent he had a Spanish requete for the tract claimed, and that ho did not intend to relinquish the same. Witness never saw the requete, but believes that one did exist in favor of Robinson for the land claimed.”

” Gaspard Bodin, being sworn, says that he knows the land claimed by John Sibley in his above notice; deponent well recollects that, about thirty-five years ago, the deceased, Mr. Rouquette, brought from New Orleans a requete or concession for the land claimed in favor of Littlepage Robinson. He recollects the circumstances with more certainty, because the same Mr. Rouquette brought, at the same time, a. requete in favor of his father-in-law. The concession was read in presence of deponent by Mr. Rouq nette.”

The testimony to establish the first fact, viz: the present existence of the grant, is weak indeed. This first witness was told by the grantee, Robinson, that he had a requete for the land; and in conse­quence, no doubt, witness really believed that one did exist. The declaration of the second witness must be entirely disregarded, for he speaks of the concession being brought from New Orleans, when the claimant himself in his notice declares “it was granted by the commandant of Nacogdoches.” Nothing then supports the claimant’s pretensions but the declaration of his vendor, or at most a vague belief created, we may suppose, by him.

We cannot hesitate in declaring our opinion that this claim ought not to be confirmed, and in the abstract have classed it, with claims of the fourth class.

123. John Sibley, of the parish of Natchitoches, assignee of John L. Petit, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory and situated as follows: bounded and having a front of sixteen acres on the road from Natchitoches to the Sabine, crossing the Bayou Bain, and running up the Bayous Adaise and Ohs eta for quantity, and contain­ing 640 acres. The claim is supported by the following testimony taken before the board:

Ettridge, being duly sworn, says that he knows the land claimed by Jan Sibley in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by John L. Petit, by his living and growing corn, &c., thereon, in the years 1809 and 1810, as well as witness recollects; afterwards the inhabitation, occupation, and cultivation was continued by Samuel Duvasset for the claimant, who lived thereon until expelled by the American and Spanish troops in 1812, by whom the house and buildings were burned; after which the land remained unemployed, though the fences were kept up until about 1814, when Henry Quirk and Michael Quin, as tenants of the claimant, moved on the land, who inhabited, occupied, and cultivated the same for one or two years. When witness last saw the land claimed there were about twelve acres improved. Witness does not know that Quin lived on th6 land as tenant of the claimant, but knows that Quirk did.” The land claimed was voluntarily abandoned previous to the date of the treaty between the United States and Spain, and consequently every right resulting from occupation and cultivation was thereby relinquished. (See No. 121.)

We are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the fourth class.

John Sibley, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of laud lying within the late neutral territory, situated on both sides of the Bayou Adaise, bounded on the south by the lands of the claimant, and containing 640 acres. The claim is supported by the following testimony:

Ettridge, being duly sworn, says that he knows the land claimed by John Sibley in his above notice; that the same was inhabited, occupied, and cultivated by John Evans, by his living and growing corn, Sic., thereon as a tenant of the claimant in the year 1813; that said inhabitation, occupa­tion, and cultivation has been uninterruptedly continued since that period by the claimant, through said Evans, Henry Quirk, John Sheridan, Andrew Leaper, and Robert McDonald, his tenants, to the present time; and that the claimant’s improvements on the land claimed embrace about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

John Baptiste Perot, of the parish of Natchitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated at a place called Triesyllanos, on the road leading from Natchitoches to the Ormegas, on the Sabine, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Samuel Davenport and Jose M. Mora, being severally sworn, say that they know the land claimed by John Baptiste Perot in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by the claimant since that time to this day; and that the claimant’s improvements on the land claimed embrace about fifteen acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third. class.

Green Cook, of the parish of Natchitoches, assignee of Henry Shabino, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the river Sabine, about one mile above the Bayou Negreite, bounded, as is supposed, on all sides by vacant land, and containing,640 acres. The claim is supported by the following testimony taken before the board :

” Joshua Rawlings, being duly sworn, say.i; that he knows the land claimed by Green Cook in his above notice ; that said land is lying and situate as is therein described ; that said land was inhabited, occupied, and cultivated by Henry Shabino, under whom the claimant holds, by his living and planting peach trees, &c., thereon, on and previous to February 22, 1819 ; that he, deponent, saw the claimant on the land, cultivating, living on, and improving the same, in 1823; and that the claimant’s improvements on the land claimed embrace about fifteen acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

12’t. George Slaughter, of the parish of Natchitoches, assignee of Lewis Warren, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated. on the south side of the Saline bayou, about two miles from the Sabine river, about one mile from the site of Camp Ripley, and containing 640 acres. The claim is supported by the following testimony taken before the board :

” Joel Lakie and Johnson Rawlins, being sworn, severally say that they know the land claimed by George Slaughter in his above notice ; that said land is lying and situate as is therein described ; that said land was inhabited, occupied, and cultivated by Louis Warren, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819 ; that said inhabitation, occupation, and cultivation has been continued by said Warren and the claimant since that period to the present time ; and that the claimant’s improvements on the land claimed embrace about twelve acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Remy Christie, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the left bank of Bayou See, bounded on the west by Guillaume Bebe, east and south by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board;

” Jacques Herrier and Sezar Christy, being sworn, say that they know the land claimed by Remy Christie in his above notice; that said land is situate and lying as is therein described.; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about ten acres.F

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

William P. Davidson, of the parish of Natchitoches, assignee of John Humphreys, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou of the Three Prairies, bounded on the west by Lewis Latham, and on the east by Josd Ma. Mora, and containing 640 acres. The claim is supported. by the following testimony taken before the board:

“Lewis Latham and Thomas Wilson, being sworn, say that they know the land claimed by William P. Davidson in his above notice; that said land. is lying and situated. as is therein described; that said land was occupied, inhabited, and cultivated by John Humphreys, under whom the claimant holds, by his Jiving and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by said Humphreys and the claimant since that period to the present time; and that the improvements on the land embrace about eighteen acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

130. Thomas Wilson, of the parish of Natchitoches, fled his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the Bayou of the Three Prairies, bounded by Lewis Latham on the east, and by Henry Quirk on the west, and containing 640 acres. In support of the claim the following testimony was taken before the board:

“Lewis Latham and Antonio Dios, being sworn, say they know the land claimed by Thomas Wilson in his above notice; that said land is situated and lying as is therein described; that the same was occu­pied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and pre­vious to February 22. 1819; that said occupation, inhabitation, and cultivation has been coutinued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about seven acres “

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

131. Thomas Wilson, of the parish of Natchitoches, assignee of Poudlo Morales, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of the Bayou of the Three Prairies, bounded on the east by other lands of the claimant, and on the west by Henry Quirk, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Louis Latham and Martino Dios, being sworn, say they know the land claimed by Thomas Wilson in his above notice; that said land is lying and situate as is therein described; that said land was occu­pied, inhabited, and cultivated by Poudlo Morales, under whom the claimant holds, by his living and growing corn, &c, thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claim­ant’s improvements on the land claimed embrace about five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

132. Thomas Gray, of the parish of Natchitoches, assignee of James Bridges, filed his notice claim­ing, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of the Negreite bayou, bounded on the north by claim of Samuel Daven­port, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Joel Leaky and Thomas Leaky, being sworn, say they know the land. claimed by Thomas Gray in his above notice; that said land was inhabited, occupied, and cultivated by James Bridges, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by said Bridges and by the claim­ant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

133. Thomas Gray, of the parish of Natchitoches, assignee of John Mackey, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of the Ndgreite bayou, bounded, as is supposed, by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Joel Leaky, being sworn, says that he knows the land claimed by Thomas Gray, assignee of John Mackey, in his above notice; that said land is situate and lying as is therein described; that said land was occupied, inhabited, and cultivated on and previous to February 22, 1819, by John Mackey, under whom the claimant holds, by his living and cutting cane, &c., thereon.”

“Nicholas Jacks, being sworn, says he knows the land above claimed; that the same .was occupied, inhabited, and cultivated in the years 1820, 1821, and 1822, and has reason to believe that the same has been uninterruptedly continued from February 22, 1819, until this time.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

134. Polly Lemnions, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Cow bayou north of Bayou Pedro, bounded on the south by a claim of H. licGuffin, and on the other sides by vacant land, and containing 640 acres, agreeably to a plat of survey drawn by John Dinsmore, jr., deputy surveyor of the United States, dated September 29, 1823, and filed with the notice. The claim is supported by the following testimony taken before the board:

“Thomas Wilson and Louis Latham, being duly sworn, say they know the land claimed by Polly Lemmons in her above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated on and previous to February 22, 1819, by the claimant’s living and growing corn, Sze., thereon; that said inhabitation, occupation, and cultivation has been continued by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

135. Macedonia Grammon, of the parish of Natchitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the north by land claimed by Andre Galindo, on the west by John Maximillien, east by a street of a Spanish village, south by Francisco Grammon, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Francisco Rosalis and Florian Gonzales, being duly sworn, say they know the land claimed by Macedonia Grammon in his above notice; that the same is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ments on the land claimed embrace about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Estevan Bascus in his above notice; that the same is lying and situated as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, are., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

143. The heirs and legal representatives of Edward Murphy, of the parish of Natchitoches, filed their notice claiming, by virtue of a Spanish grant dated October 18, 1791, a tract of land lying within the late neutral territory, situated on the Bayou Hondo, and containing 2,222.84 acres, agreeably to a plat of survey drawn by Samuel Cook, then deputy surveyor of the United States, dated December 7, 1806, and filed with the notice. An original document, of which the following is a translation, is filed with the notice:

“SEN. Lieutenant GOVERNOR: Edward Murphy, of the post of Natchitoches, part of the province of Louisiana, presents himself before you, and says, that on the margin of a creek named Aroya Hondo, which separates the two provinces on the side of the province of Texas, and on the margin between the royal road and another which passes by the Bayou St. John, there is a cove which I find so advantageous for collecting my cattle, I beg your honor would please to grant me possession of those lands, from which I shall reap great advantage, having no place to collect my cattle; and moreover, to grant me on this paper, there being none stamped; humbly ask of your honor that it may please you to give me possession of said land.

” NACOGDOCHES, October 17, 1791.

“MORFIT.”

fiNACOGDOCHES, October 18, 1191.

In consequence of the petition, and that the land solicited is in the province of Texas, and vacant, I do grant it in due and best form, and, that it may so appear, I sign this at Nacogdoches, October 18, 1791.

“ANTONIO GIL Y BArtvo.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the first class. ‑

Marie Flores, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the west by Francois Le Rous, south by vacant land, north and east by claimants from the village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and Martino Dios, being sworn, say that they know the land &aimed by Marie Flores ,widow) in her above notice.7 that the same is lying and situated as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by her living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

“145. Malehore Mountsoul, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of laud lying within the late neutral territory, situated on the Bayou See, bounded on the north by Andreas Galindo, on the west by Ganastien Parrira, on the east by a street of a Spanish village, and containing 640 acres. The claim is supported by the following testimony taken before the board;

“F. Gonzales and Martino Dios, being sworn, say that they know the laud claimed by Melchor Mountsoul in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &e., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimants improvements on the land claimed embrace about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Manuel Grammon, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded In the north by John Grammon, on the east by Ganatien Parrira, west by the street of a Spanish village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and Martino Dios, being sworn, say they know the land claimed by Manuel Grammon in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22,1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that time until the present day; and that the claimant’s improvements on the land claimed embrace about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Domingo Gonzales, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, and situate on the Bayou See, bounded north by David Waltman, on the west by Jos6 Antonio Manchack, on other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and Martin Dios, being sworn, say they know the land claimed by Domingo Gonzales in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied”, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continned by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Ignatio Curtinas, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the north by Jose Antonio Rodrigues, on the west by John Burdan, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and Martin Dios, being duly sworn, say they know the land claimed by Ignatio Curtinas in his above notice; that the same is lying. and being as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued uninterruptedly by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about one acre.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

John Burdan, of the parish. of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Bayou See, bounded on the west by John Maximillien, on the north by Jose Antonio Rodrigues, and south by a street of a Spanish village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and Martin Dios, being duly sworn, say they know the land claimed by John Burdan in his above notice; that the same is lying and situated as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about three acres.”

We are of opinion this claim ought to be allowed, and in the abstract have classed it with claims of the “third class.”

John Pierre Burdan, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on’ the west by John Maximillien, on the north by Jose Antonio Rodrigdes, and south by a street in a Spanish village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” F. Gonzales and Martin Dios, being duly sworn, say they know the land claimed by John Pierre Surd= in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by the claimant since that time to the present day; and that the claimant’s improvements on the land claimed embrace about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

John Baptiste Burdan, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Bayou See, bounded by’Francisco Grammon on the west, and on the north by Jose Antonio Rodrigues, containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and Martin Dios, being sworn, say they know the land claimed by John Baptiste Burdan in his above notice; that said land is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract it is classed with claims of the ” third class.        •

Thomas McNeilly, of the parish of Natchitoches, assignee of John Gardner, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Bayou Mill creek, a branch of the Kisatchie, bounded by vacant land on all sides, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“John Warrick and E. Smith, being sworn, say they know the land claimed by Thomas McNeilly in his above notice; that said land is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by John Gardner, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultiva­tion has been continued uninterruptedly since that time, by said Gardner and the claimant, to the present day; and that the claimant’s improvements on the land claimed embrace about twenty a

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

158. John Dinsmore, jr., of the county of Opelousas, assignee of Sezare Laffitt, who purchased of James Gaines, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of Bayou Grand Cannes, bounded as is described in a plat of survey filed with the notice, and containing’ 640 acres. The claim is supported by the following testimony taken before the board:

” Samuel Norris and Sylvestre Poissot, being sworn, each say that they know the land claimed by John Dinsmore, jr., in his above notice; that said land is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by James Gaines, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by said Gaines, and others holding through him, since that period to the present time; and that the claimant’s improvements on the land claimed embrace about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

154. Robert McDonald, of the parish of Natchitoches, assignee of Stephen Moore, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou of the Three Prairies, bounded on the west by Jose M. Mora’, on the east by Jose y de Barvo, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” L. Latham and M. Dios, being duly sworn, say that they know the land claimed by Robert McDonald in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by Stephen Moore, (who sold to the claimant,) by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by thj said Moore and the claimant since that period to the present time; and that the claimant’s improvements on the laud claimed embrace about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

155. Andrew Bassani, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Cany bayou, waters of the Bayou of the Three Prairies, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and Martin Dios, being duly sworn, say that they know the land claimed by Andrew Bassani in his above notice; that the same is lying and situate as is therein described; that said Land was habited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that time to the present day; and that the claimant’s improvements on the land claimed embrace about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

156. Juan Colass Burden, of the parish of Natchitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the west by John Grumman, on the north by Jose Antonio Rodrigues, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and M. Dios, being duly sworn, say that they know the land claimed by Juan Colass Burden in his above notice; that the same is lying and situated as is therein described; that said land was habited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninter­ruptedly continued by the claimant since that period to the present time; and that the claimant’s improve­ments on the land claimed embrace about five acres.”

Being of opinion this claim ought to be confirmed, we have classed it with claims of the “third class.”

157. Jose Arriole, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the west by John Grammon, and on the south by a street of a Spanish village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and M. Dios, being duly sworn, say that they know the land claimed by Jose Arriole in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated_ by the claimant, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued uninterruptedly by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about two acres.”

Being of opinion this claim ought to be confirmed, we have classed it with claims of the ” third class.”

158. Regoria Shirnack, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated at the Cavasses, on Bayou See, bounded on the north by Ma. Lecuirs, and on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and J. Rodrigues, being duly sworn, say that they know the land claimed by Regoria Shirnack in his above notice. that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninter­ruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

159. Felician Gonzales, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Caney bayou, (Cavasses,) bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony:

“Martin Dios and A. Rodrigues, being duly sworn, say they know the land claimed by Felician Gonzales in his above notice; that the same is situate and lying as is therein described; that said land was habited, occupied, and ‘cultivated by the claimant, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninter­ruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Francisco Rosales, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Bayou See, bounded on the west by Jose Ao. Rodrigues, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and Martin Dios, being duly sworn, say they know the land claimed by Francisco Rosales in his above notice.l that the same is situated and lying as is therein described; that said land was inhabited, occupied. and cultivated by the claimant, by his living and growing corn, &a, thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about two acres.”

We are of the opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.’

161. Jose Ikons, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Bayou See, bounded west by Peter Patterson, north by a street of a Spanish village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and M. Dios, being duly sworn, say they know the land claimed by Jose Bascns in his above notice; that the same is situated and lying as is therein described; that said land was habited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about two acres.

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

162. Poitevent Bloodworth, of the parish of Natchitoches, assignee of Joseph Grubbs, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situate on the north side of Bayou Kisatchie, bounded above by Eli Smith and below by David Wrinkles, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Major Smith and John Warrick, being duly sworn, say that they know the land claimed by Poitevent Bloodworth in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by Eli Smith, under whom, by a chain of conveyance, the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by said Smith and others and the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the claims of the “third class.”

163. John Warrick, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the north­west side of Bayou Kisatchie, bounded on the upper side by land claimed by Enos Withers, and below by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Major Smith and E. Smith, being duly sworn, say that they know the land claimed by John Warrick in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated. by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninter­ruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about seven acres.”

We are of opinion this claim ought to he confirmed, and in the abstract have classed it with “claims of the third class.”

164. John Wrinkle, of the parish of Natchitoches, assignee of Letton Jones, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the east side of the Bayou Kisatchie, bounded on the upper side by Placide Bossier, and on the lower by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Major Smith and E. Smith, being sworn, say that they know the land claimed by John Wrinkle in his above notice; that the same is lying and situate as is therein described; that said land was habited, occupied, and cultivated by William T. Hatton, who sold to Letton Jones, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabita­tion, occupation, and cultivation has been uninterruptedly continued by said Hatton, Jones, and the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about twenty acres.” The land claimed appears to lie on the east side of the Kisatchie, consequently without the limits of the neutral territory; we are therefore bound to say we are of opinion this claim ought not to be confirmed, and in the abstract have classed it with “claims of the fourth class.”

165. Humphrey Yarborough, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land. lying within the late neutral territory, situated on the north side of Bayou Risatchie, bounded on all sides by vacant land, and containing 640 acres. The claim is supported. by the following testimony taken before the board:

“Major Smith and E. Smith, being duly sworn, say they know the land claimed by Humphrey Yar­borough in his above notice; that the same is lying and situate as is therein described; that said land was habited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that the same has been uninterruptedly occupied, inhabited, and cultivated by the claimant since that time to the present day; and that the claimant’s improvements on the land claimed embrace about five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with “claims of the third class.

166.  Josh Antonio Manchac, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of Bayou See, bounded north by David Waltman, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and J. A. Rodrigues, being duly sworn, say that they know the land claimed by Jose Antonio Manchac in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, alai cultivated by the claimant, by his living and growing corn, Sze., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about three acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with “claims of the third class.”

167. Martin Dios, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of the Bayou of the Three Prairies, bounded on the north by Louis Latham, and on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and J. A. Rodrigues, being duly sworn, say they know the land claimed by Martin Dios in his above notice; that the same is lying and situate as is therein described; that said land was habited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1810; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that time to the present day; and that the claimant’s improvements on the land claimed embrace about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the ” third class” of claims.

168. Jose Antonio Rodrigues, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Bayou See, bounded on the west by John Burran, on the east by Francisco Rosales, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Martin Dios and P. Gonzales, being duly sworn, say they know the land claimed by Jose Antonio Rodrigues in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninter­ruptedly continued by the claimant since that period to the present day; and that the claimant’s improve­ments on the land claimed embrace about six acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

169. Trinidad Candado, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, inhabitation, and cultivation, a tract of land lying within the late neutral territory, and situated within the village of the Adaise, bounded on the south by Francisco de Rohus, on the east by church lands, north by a street of said village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Miguel Pour and Martin Dios, being duly sworn, say they know the land claimed by Trinidad Candado in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about three acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

170. Manuel Bustamente, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated in the village of the Adaise, bounded on the east by Trinidad Candado, on all other sides by vacant land, and containing 640 acres. In support of which the following testimony was taken before the board:

“Martin Dios and Miguel Poudre, being sworn, say they know the land claimed by Manuel Bustamente in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the laud claimed embrace about one acre.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

171. Miguel Fuger, of the paris, of Natchitoches, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated in the village of the Adaise, bounded on the south by Francisco de Rochus, north by a street of said village, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“M. Dios and F. Gonzales, being duly sworn, say they know the land. claimed by Miguel Fuger in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about six acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

172. Sylvestre Poissot, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on a chain of lakes which run parallel with Red river, bounded as is described in a plat of survey drawn by John Dinsmore, jr., deputy surveyor of the United States, dated October 5, 1823, and filed with the notice, containing 122.16 acres. The claim is supported by the following testimony taken before the board:

“Sezar Laffitt and Sylvestre Poissot, being sworn, say that they know the land claimed by Sylvestre Poissot in his above notice; that the same is situate and ling as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued uninterruptedly since that period • to the present day; and that the claimant’s improvements on the land claimed embrace about twenty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

113. Sylvestre Poissot, of the parish of Natchitoches, legal representative of Atha,nasse Poissot, deceased, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on a communication of lakes on the south side of Red river bounded as is described in a plat of survey drawn by John Dinsmore, jr., deputy surveyor of the United States, dated October 5, 1823, and filed with the notice, containing 203.74 acres. The claim is supported by the following testimony taken before the board:

“Cesar Laffitt and Firman Poissot, being sworn, say that they know the land claimed by Sylvestre Poissot in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by Athanasse Poissot, from whom the claimantholds, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by said Athanasse and the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about thirty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class

Sylvestre Poissot, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on a coulee known by the name of Bayou La Vacharie, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” Cezare Laffitt and Sylvestre Poissot, being sworn, say they know the land claimed by Firman Poissot in his above notice; that the same is lying and situate as is therein described; that said and was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued uninterruptedly since that time by the claimant to the present day; and that his improvements on the land claimed embrace about four acres.”

Sylvestre Poissot was the claimant in his own right in notice No. 54; and on proofs similar to the fore­going being produced, we recommended a confirmation of his title; and, in conformity with our preceding decisions, this must be rejected.—(See Nos. 46, 51, 53.)

We are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

Cesar Laffitt, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Bayou Lepoint, bounded on the lower side by Firmin Poissot, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Firmin Poissot and S. Poissot, being sworn, say they know the land claimed by Cesar Laffitt in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by the claimant uninterruptedly since that time to the present day; and that the claimant’s improvements on the land claimed embrace seven acres.”

The claimant, together with Louis Laffitt, have, before this board, filed their notice, No. 200, claiming, by virtue of a grant or concession, a large tract at Las Ormegas, which claim we have recommended for confirmation; and believing that an individual holding in his own right, under a grant, was precluded under the former government from claiming another tract by virtue of occupancy, we are bound to say, in our opinion, this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

Denise Dios, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the west side of Lake Goun de Mora, bounded on the west by Madam Chubbidar, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“F. Gonzales and Martin Dios, being duly sworn, say they know the land claimed by Denise Dios in her above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by her living and growing corn, &e., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued uninter­ruptedly since that time by the claimant until the present day; and that her improvements on the land claimed embrace about four acres.”

We are of the opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

111. Jose Durohas, of the parish of Natchitoches, assignee of Ignatio Santos, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated in the settlement of the Adaise, on the Bayou of the Three Prairies, bounded west by Manuel Santos, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the hoard:

“Martin Dios and F. Gonzales, being duly sworn, say they know the land claimed by Jose Durohas in his above notice; that the same is lying and situated as is therein described; that said land was inhabited, occupied, and cultivated by Ignatio Santos, (under whom the claimant holds,) by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by said Santos and the claimant since that time to the present day; and that the claimant’s improvements on the land claimed embrace about six acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

118. Domingo Santa Cruz, of the parish of Natchitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated in the Adaise, bounded on the north by Trinidado Candid°, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Martin Dios and F. Gonzales, being sworn, say they know the land claimed by Domingo Santa Cruz in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

179. Jose Maria Soto, of the parish of Natchitoches, assignee of Baptiste Cherino, filed his notice  claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated in the settlement of the Adaise, bounded on the east by Manuel Santos, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Louis Latham and Martin Dios, being sworn, say they know the land claimed by Jose Maria Soto in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by Baptiste Cherino, (under whom the claimant holds,) by his living and growing corn, &e., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by said Cherino and the claimant uninterruptedly from that time to the present day; and that the claimant’s improvements on the land claimed embrace about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

180. Samuel Davenport, the heirs and representatives of Edward Murphy, deceased, all of the parish of Natchitoches; the heirs and representatives of Luther Smith, of the State of New York; and the heirs and representatives of William Barr, deceased, of the State of Pennsylvania, filed their notice claiming a tract of land, being within the late neutral territory, lying east of the Sabine river, on the public road from Natchitoches to Gaines’ Ferry, on said river, at a place called “La Nana,” having for its centre the prairie which joins the bayou of said “La Nana,” to extend two leagues towards each cardinal point., so as to form a perfect square of four leagues on each front line, the centre to be said prairie. Claimed by virtue of a grant approved and signed by Don Jose Maria Guadiana, commandant of the post of Nacog­doches, August 4, 1798, in favor of said Edward Murphy, who, November 3, 1798, conveyed the same to the commercial partnership then existing between himself, (said Murphy,) Davenport, Smith, and Barr. The claim is supported by authenticated documents, of which the following are translations:

“Mr. LIEUTENANT GOVERNOR ; Don Edward Murphy, of the vicinity of Nacogdoches, appears before you by petition, and saith that, from three to four years last past, I have had, in the jurisdiction of Nacog­doches, now under your command, with the knowledge of your predecessors, the former commandants, at the place known by the name of Juan do Mora Lake, kept cattle and other animals, for which, until this date, I have paid the duties of tenths; and finding said place scarce of cane range for the preservation and increase of said animals, I have recourse to you, praying for a grant for a tract of land. at the place called `La Nana,’ situated on the east side of the river Sabine, about seven leagues from its margin, and on the road leading from this town to the post of Natchitoches; said tract of land, from its centre, which is the prairie joining the bayou of the aforesaid ‘La Nana’ and immediately on said road, to extend two leagues towards each cardinal point, so as to form a perfect square of four leagues in length each front line, the centre to be said prairie, so that in this space of land I may have a sufficient range for my present and future stock.

“E. MURPHY.

“NACOGDOOMS, February 22, 1798.”

” Pass this petition to the procurador, that he may leave in possession of the land the interested person as described.

” GUADIANA.

“Juror 1, 1798.”

“Aram 1, 1798.—In compliance with the foregoing decree, I, Don Jose Cayetano de Zepeda, syndic and procurador of this jurisdiction of our Lady of the Pillar of Nacogdoches, accompanied by my assisting witnesses, Juan Jose Medina and Jose Domingues, went to the place called `La Nana,’ in order to establish in said place of La Nana Don Edward Murphy, who is present, and give him possession, in pursuance of the preceding order; and being at said place, after having inquired if there were adjacent neighbors, and being well assured the nearest was Mr. Charboneaux, distant about eight leagues from said place of La Nana, and finding no impediment, put Don Edward Murphy in possession of the vacant land prayed for in his aforesaid petition, with the extent and boundaries therein expressed; visited the limits and territory with the before named witnesses and said Edward Murphy; the two leagues by the said road of St. Antonio de Bexar westward, reaching to the Chupa.deras, and other two leagues of land towards the east, which reaches by the said road to the Bayou Tassan, with two leagues to the north, and other two leagues to the south; and taking him, the said Edward Murphy, by the hand, walked with him a number of paces from north to south, and the same from east to west, and letting go his hand, he walked about at pleasure on the said territory of La Nana, pulling up weeds, made holes in the ground, planted posts, cut down bushes, took up clods of earth and threw them on the ground, and did many other things in token of the possession in which I had put him, in the name of his Majesty, of said land, with the boundaries and extension as prayed for; and, in demonstration of the right which he already holds in said land as the only proprietor by virtue of this act of possession, and for further evidence of the right of sov­ereignty which he has forever acquired over said land of eight leagues, two towards each of the cardinal points, in the manner, place and boundaries expressed in his aforesaid petition, with the servitudes, uses, customs, and privileges, which he, the said Murphy, has, I gave the whole mentioned territory of ‘ La Nana,’ which includes a square of eight leagues, the name of ‘San Pedro of the Bayou of La Nana;’ and the said Edward. Murphy being and remaining in entire and peaceable possession, in conformity to law and right, of all the aforesaid land, as a proof and evidence of which I have signed this act of possession with the aforesaid witnesses, at the place of St. Peter of the Bayou of La Nana,’ the same day, month, and year.

“JOSE CAYETANO DE ZEPEDA.

“JoA.N Jost MEDINA, } Assisting wllnesses,a

“Josh DOMNGUES,

“At the post of Nacogdoches, the 4th day of the month of August, 1798, I, Don Josh Maria Guadiana, second cornet of the company of Montclova, and military and civil commandant of said post, have ordered that, in virtue of the possession of land given to Don Edward Murphy as aforesaid, without any opposition, the original document be placed in the protocol of said post, to serve as evidence of the same, and that there be given to the interested person a certified copy as a title for the property. In testimony of which,

I have authorized this act, which I have signed with two assisting witnesses, with whom I have acted for
want of a public notary, and on this common paper, for want of stamped. To all of which I give faith.

“JOSE MARIA GUADIANA.

“Jost Louis ns LA BEGAn, Of assistance.”

“PEDRO LARA,

This claim was entered and filed with the former board of commissioners, where it was supported by testimony that does not appear here. The whole, however, was reported by that board, with claims to land in the county of Natchitoches, under No. 46, and to that report we beg to refer.

Being of opinion the claim ought to be confirmed, we have classed it with claims of the “first class.”

181. Samuel Davenport; the heirs and representatives of Edward Murphy, deceased, of the parish of Natchitoches; the heirs and representatives of Luther Smith, of the State of New York; and the heirs and representatives of William Barr, of the State of Pennsylvania, filed their notice claiming a tract of land lying within the late neutral territory, situated on the east margin of the Sabine river, at a place called “Las Ormegas,” having such marks and boundaries as are represented in a plat of survey made by William M. Lester, deputy surveyor of the United States lands, and containing six square leagues, equal to 207,360 acres; claimed by virtue of a concession signed by Bernado Fernandez, lieutenant governor of the jurisdiction of Nacogdoches, dated December 15, 1795, in favor of Jacinto Mora, which land said Mora, by act of sale dated July 22, 1805, transferred to William Barr & Company, a firm composed of said William Barr, now deceased, Samuel Davenport, Edward Murphy, now deceased, and Luther Smith, now deceased. The claim is supported by an authentic copy of the original acts, of which the following are. translations:

” NACOGDOCHES, NOVeMber 14, 1’195.

“Mr. LIEUTENANT GOVERNOR: Jacinto Mora, inhabitant of this village of our Lady of Pillar of Nacog­doches, with due respect appears by petition before you, and says that, on the east side of the river Sabine, at the place called ‘Las Ormegas,’ distant from the aforesaid village about twenty-five leagues, I have my stock of horses, and where it is my intention to establish a stock farm for the raising of mules, horses, horned cattle, sheep, and hogs, and likewise cultivate the soil; in virtue of which, I pray you will be pleased to grant me, for that purpose, a title of property for myself, my heirs, &c., six leagues square of land at the above-mentioned place of ‘Las Ormegas,’ the principal front or western boundary to extend north and south six leagues, so that the centre of the said line will be opposite the Indian crossing place on said river Sabine; the north line to begin at the northern extremity of the said front line on the east bank of said river, and extending six leagues east, forming with the front line a rectangle; the south line to commence at the southern extremity of the aforesaid front line, and extend six leagues east, forming, also, with the other, a rectangle; the line on the east side to commence at the extremity of the north line, and running parallel with the said river until it joins the extremity of the south line, so that the prairies and plains of the above Ormegas will be included in the square of the four fronts of six leagues in length each, formed by the expressed four lines. In consequence, I pray you will have the goodness to grant me the aforesaid six leagues square of land at said Ormegas, and in the manner prayed, for it being vacant, and no inhabitants near that such a grant can prejudice. And your petitioner, &c.

“JACINTO MORA.”

“NACOGDOCHES, BOVEDIber 14, 1795.

“The syndic procuror of this jurisdiction, Don Jose Cayetano de Zepeda, will establish the petitioner in the aforesaid place, and in the manner asked for, if vacant, and not prejudicial to any inhabitant, proprietor of land, observing all the usual formalities of style, and extend the proceedings had in continua­tion for the more effectual confirmation of the title of property.

BERNAD O FERNANDEZ.”

“On December 2, 1795, I, Don Jose Cayetano de Zepeda, syndic procuror of this district of our Lady of the Pillar of Nacogdoches, in conformity to the foregoing decree, accompanied by the assisting witnesses, Don Jose de la Bega and Juliano Grande, went to the place called ‘Las Ormegas,’ situated about twenty-five leagues from said town of Nacogdoches, and on the east side of the Sabine river, in order to establish the said Jacinto Mora, then present, and give him possession, in conformity to the foregoing order. In compliance with which, being on said premises, after having inquired if there were any inhabitants near in order to cite them to be present, and being assured that the nearest lived at least ten or twelve leagues off Las Ormegas, and that their possessions did not reach within three or four leagues of the boundaries pointed out by Jacinto Mora in his aforesaid petition, for which reason no injury could be sustained by the nearest neighbor from putting the said Jacinto Mora in possession of the vacant land he solicits, with all, the extent and limits, I visited the boundaries and territory they embraced, with the assisting witnesses, and the said Jacinto Mora; and taking him by the right hand, walked with him a number of paces from the north to south, and same from east to west, and letting go his hand, he walked at pleasure on the said territory of ‘Las Ormegas,’ pulled up weeds, made holes in the ground, planted posts, cut bushes, took up clods of earth and threw them on the ground, and did many other acts and things in proof of the possession I had given him, in the name of his Majesty, of the said land, with its boundaries and extension, as prayed for by him; and in further demonstration of the rights and sov­ereignty he holds in it as the only proprietor by virtue of this act of possession, and for the more abundant proof of the property which he has acquired in said land of six leagues square, in the manner, place, and boundaries as expressed in his petition, with all the uses, privileges, and appurtenances thereunto belong­ing, and which he holds in said territory of ‘Las Ormegas,’ forming a square of six leagues each front in length, I have named it Santa Maria Adelaida, that said tract of land may, in perpetuity, be called Santa Maria Adelaida de las Ormegas. And the said Jacinto Mora being and remaining in entire and peaceable possession of all the aforesaid land according to law and right, I have, in testimony of which, signed this act of possession, with the aforesaid assisting witnesses, at this place of Santa Maria Adelaida, the day, month, and year before mentioned                                                                                                             “JOSE CAYETANO DE ZEPEDA

Jost Lours DE LA VEGA.

” JULIANO GRANDE.”

“Don Bernado Fernandez, lieutenant of cavalry and lieutenant governor of the village of our Lady of the Pillar of Nacogdoches and its jurisdiction, confirms this title in form and possession, in the name of his Majesty, (whom may God preserve,) to Jacinto Mora, for himself, his children, his heirs, and others representing his rights, in perpetuity, it appearing that from the foregoing act of possession given by the syndic of this jurisdiction that said tract of land was vacant and cannot prejudice his neighbors.

“Given in the aforesaid village December 15, 1795.

“BERNADO FERNANDEZ.”

“This copy is in conformity to and with the original record in the archives under my care, to which I refer, and from which 1, Dn Dionisio Valle, lieutenant of eavalry and military and civil commandant of this village and jurisdiction of Nacogdoches, had it copied, corrected, and compared. It is true and genuine; and at which act were present William Barr, Louis Roliquet, and Vicente del Rio. In testimony of which I, the aforesaid lieutenant of cavalry, have signed it with two assisting witnesses, and with whom I proceeded for want of a public notary, June 27, 1805; to all of which I give faith.

“DIONISIO VALLk.

“JOSE, PINEDA,

Assisting witnesses.”

a MANUEL BUSTAMENTE.

Next follows a sale from Jacinto Mora to William Barr & Co. of the land above conceded to him, dated July 22, 1805, and passed in due form before the said lieutenant and commandant.

This claim is reported by the late board of commissioners, being No. 49 of the Natchitoches claims. By reference to that report a great body of further testimony will be found sustaining the claimant’s pretensions. We have no hesitation in saying we are of opinion this claim ought to be confirmed, and in the abstract have classed it with the “first class” of claims.

  1. The widow and heirs of Isaac Crow, deceased, of the parish of Natchitoches, filed their notice claiming a tract of land lying within the late neutral territory, situated on the east bank of the river Sabine, at a place where the present road from Natchitoches to Nacogdoches crosses the said river, one half of the said tract being above or north of the said road, and the other half south of it, containing 27,755 superficial arpents, to wit: four square leagues, claimed by virtue of a grant or concession from the commandant of Nacogdoches in favor of Vincente Michelli, dated June 17, 1797, for four leagues square on each side of the river, a part of which tract, to wit: that part lying on the east side of the river was, by authentic act, dated Nacogdoches, the –, sold and transferred by the grantee to Jose Miguel Crow, (meaning the husband and father of the claimants.)

The grant on which the validity of this claim depends accompanied the notice of the same claimant, Isaac Crow, filed with the late register under the act of May 11, 1820; the land claimed in both cases is the same, and we think it more regular that the title should remain as at first filed, to be reported by the register under the provisions of the above-mentioned act. Therefore, we are of opinion this claim ought not be confirmed, and in the abstract have classed it with claims of the “fourth class.”

  1. Sarah Sheridan, now wife of William Carrell, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land. lying within the late neutral territory, situated. on the Bayou Le Bain, as is described in a plat of survey drawn by John Dinsmore, jr., deputy surveyor, dated September 1, 1823, filed with the notice, and containing 640 acres. The claim is supported by the following testimony:

“Latney Parrot, being duly sworn, says that he knows the laud claimed by Sarah Sheridan in her above notice; that the same is situate and lying as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by her living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about forty Acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the “third class” of claims.

  1. Thomas Wallace, of the parish of Natchitoches, assignee of Dairid Minsey, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the west side of the west branch of Red river, bounded on all sides by vacant land, and containing 400 acres. The claim is supported by the following testimony taken before the board:

“Remy Totem and John Armstrong, being duly sworn, say they know the land claimed by Thomas Wallace in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by David Minsey (under whom the claimant holds) by his, said David, living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by said David and the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Thomas Wallace, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on a small creek called Terre Noir, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony:

“Athanasse Poissot and P. Laffitt, being duly sworn, say they know the land claimed by T. homas Wallace in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1805; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the hind claimed embrace about thirty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

The heirs and representatives of Bazil Gagnie, deceased, of the parish of Natchitoches, filed their notice claiming a tract of land lying within the late neutral territory, situated at a place called “La Roy° Nabonchas,” in the district of Bayou Pierre, bounded by the Bayou Nabonchas on one side, and on

the other by Silvestre Poissot and Bouett Laffit, and containing one league square. Claimed by virtue of a grant in favor of said Bazil Gagnie, dated —.

The claimant having suggested to the board that the title on which be relies bad been put into the hands of a third person for security, we have kept this claim open until now for the purpose of giving him time to produce it; but nothing being exhibited, we are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

187. Michael Chamard, of the parish of Natchitoches, filed his notice claiming, by virtue of habita­tion, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the Lake Fordache, which runs into the river Piscadare, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Andre Adle and Antoine Adle, being sworn, say that they know the land claimed by Michael °halliard in his above notice; that the same is lying and situate as is therein described; that the said land was inhabited, occupied, and cultivated, by the claimant’s living and growing corn, &c., thereon, on and. previous to the year 1812; that said inhabitation, occupation, and cultivation has been interruptedly continued by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about thirteen acres.”

Being of opinion this claim ought to be confirmed, we have in the abstract classed it with claims of the “third class.”

188. Pavie and Noyrit, of the parish of Natchitoches, assignees of Jose Antonio Sepulveda, filed their notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Peidera, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Louis Procella and Jaques Herrier, being duly sworn, say they know the land claimed by Pavie and Noyrit in their above notice; that the same is lying and situate as is therein described; that said land was habited, occupied, and cultivated in the year 1818 by Jose Antonio Sepulveda, (under whom the claimant holds,) by his living and growing corn, &c., thereon; and that said inhabitation, occupation, and culti­vation has been constantly and uninterruptedly continued by said Sepulveda and the claimant since that time to the present day; and that the claimant’s improvements on the land claimed embrace about three acres.”

Being of opinion this claim ought to be confirmed, we have in the abstract classed it with claims of the “third class.”

189. Benjamin Bullitt, of the parish of Natchitoches, assignee of John Jamieson, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situate on the Bayou St. John, bounded above by the claim of John Freeman, and below, as is supposed, by vacant land, and containing 640 acres. The claimE, is supported by the following testimony taken before the board:

“John Freeman and Jeremiah Morrell, being sworn, say they know the land claimed by Benjamin Bullitt in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the lessee of John Jamieson, (under whom the claimant holds,) by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation was continued to the year 1820, in the fall of which year the house and buildings were burned; and that the improvements on the land claimed embrace about twelve acres.”

Believing that the claimant, on February 22, 1819, would have been, according to the usages and customs of the Spanish government of Texas, entitled to a recognition of his title, and that his right, under the United States, has not become forfeited by his subsequent abandonment, we are of opinion this claim ought to he confirmed; and, accordingly, in the abstract it will be found with the third class of claims.—(See No. 100 of this report.)

190. Jas. Madden, of the parish of Natchitoches, assignee of Enos Withers, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on both sides of Bayou Kisatchie, bounded below by Joseph Grubb and above by vacant land, containing 640 acres. Which claim is supported by the following testimony taken before the board:

“Ethelred Smith and Edmund Smith, being sworn, say they know the land claimed by James Madden in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by Enos Withers, (under whom the claimant holds,) by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said land was inhabited, occupied, and cultivated by Withers and the claimant after that period, and during the years 1820 and 1821; and that the claimant’s improvements on the land claimed embrace about seven acres.”

The facts in this claim and the one reported under No. 189 are the same; and, accordingly, we are of opinion that such part of the tract claimed as may be found lying on the north or west of the Kisatchie be confunned, and in the abstract have classed this claim with those of the “third class,” to that extent only; and considering the residue as lying without the limits of the late neutral territory, we are of opinion the same ought not to be confirmed.

191. Andre Valentine, of the parish of Natchitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the Bayou Adaise, in the settlement of Bayou Pierre, bounded above by Pierre Dolet, deceased, and con­taining 640 acres. The claim is supported by the following testimony taken before the board:

” Pierre Laffitt and Andre .idle, being sworn, say they know the land. claimed by Andre Valentine in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1814; that said inhabitation, occupation, and cultivation has been constantly and uninterruptedly continued by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about eighteen acres.”

We have already recommended the confirmation of a claim in favor of the present applicant in his own right, founded on occupancy, (see No. 57,) and in conformity with the principles enforced in Nos. 46, 51, and 53, we are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

Francois Ram bin, of the parish of Nachitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the north side of a large bayou, bounded on the east by Christian Hessen, and on all other sides by vacant

land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Christian Sesser and S. Poissot, being duly sworn, say they know the land claimed by Francois Rambin in his above notice; that said land is lying and situate as is therein described; that said land. was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1813; that said inhabitation, occupation, and cultivation has been constantly and uninterruptedly continued by the claimant since that time to the present day; and that the claimant’s improvement on the land claimed embraces about eighteen acres!”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Andre Rambin, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on a branch of Red river, bounded on the upper side by Francois Prudhomme, and on the lower side by Antoine Hesser, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Christian “lesser and Sylvester Poissot, being sworn, say that they know the land claimed by Andre Rambin in his above notice; that said land is lying and situate as is therein described; that said land was habited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1810; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present day; and that the claimant’s improvements on the land claimed embrace about thirty acres.”

We are of opinion this claim. ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Christopher Hesser, of the parish of Natchitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying within the late neutral territory, situate on the north side of a large bayou, bounded on the west by Francois Rarnbin, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” Francois Rambin and Sylvester Poissot, being duly sworn, say they know the land claimed by Christian Sesser in his above notice; that said land is lying and situate as is therein described; that said land was habited, occupied, and cultivated by the claimant, by his living and growing corn, cotton, &c., thereon, in the year 1813; that said inhabitation, occupation, and cultivation has been constantly and uninterruptedly continued by the claimant since that time to the present day; and that the improvements on the land claimed embrace about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the “third class” of claims.

  1. Antoine Hesser, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on a branch of Red river, bounded on the lower side by John Sibley, and Andre Rambin on the upper side, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Francois Rambin and Sylvester Poissot, being duly sworn, say they know the land claimed by Antoine Hesser in his above notice; that said land is lying and situate as is therein described; that said land was habited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1817; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that his improvements on the land claimed embrace about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Charles Myers and Joseph Robinson, of the parish of Natchitoches, assignees of John McLaughlin and one Baptiste, filed their notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the southwest bank of Red river, bounded on all sides by vacant land, and containing 376.31 acres. John McLaughlin, being sworn before the board in support of his claim, deposed as follows:

“That he knows the land claimed by Charles Myers and Joseph Robinson in their above notice; that said land is situate and lying as is therein described; that said land was habited, occupied, and cul­tivated by one Baptiste, (from whom the claimants hold through the witness,) by said Baptiste living on the land, and growing corn, &c., thereon, in the year 1816; that said occupation, inhabitation, and culti­vation has been uninterruptedly continued since that year by Baptiste, the witness, and the claimants to the present day; and that the improvements on the land claimed embrace about eight acres.”

The only witness here appears to be the immediate vendor of the claimants, and has such an interest in the claim as ought to have rendered him incompetent to testify. There being, then, no proof before us, we are bound to say, in our opinion, this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class”

  1. Benjamin Biles, of the parish of Natchitoches, assignee of Tertise Henson, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Bayou Harpoon, about two miles south of Fort Jesup, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Raymond Daley and Henry Stoker, being duly sworn, say they know the land claimed by Benjamin Biles, assignee of Tertise Henson, in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Tertise Henson, under whom the claimant holds, by her living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by said Henson and the claimant since that period. to the present day; and that the improvements on the land claimed embrace about fifteen acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Raymond Daley, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated. on the Bayou Harpoon, bounded on all sides by vacant lands, and containing 640 acres. The claim is supported by the following testimony:

“Henry Stoker and William Morgan, being sworn, say they know the land claimed by Raymond

Daley in his above notice; that said land is lying and situate as is therein described; that the same was habited, occupied, and cultivated by the claimant, by his living and growing corn, &e., thereon, on and prior to February 22, 1819; that said inhabitation, Occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about twenty-five acres”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

199. William Stafford, of the parish.of Natchitoches, filed his notice, as assignee of Louis Warren, claiming a tract of land lying within the late neutral territory, situate on the east side of the river Sabine, at a place called the Saline Prairie, bounded, as is supposed, on the upper side by the heirs of Isaac Crow, and containing D40 acres. The claim is supported by the following testimony taken before the board:

“Raymond Daley and William Morgan, being sworn, say they know the land claimed by William Stafford in his above notice; that said land is lying and situate as is therein described; that the same was occupied, habited, and cultivated by William Dewitt, under whom the claimant holds, by said Dewitt’s living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupa­tion, and cultivation has been uninterruptedly continued since that time to the present day, by said Dewitt, by Louis Warren, to whom Dewitt sold, and by claimant, to whom Warren sold; and that the claimant’s improvements on the land claimed embrace about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

200. Sezare Laffitt and Louis Laffitt, of the parish of Natchitoches, filed their notice claiming a tract of land lying within the late neutral territory, situated at a place known by the name of ” Las Ormegas,” on the east side of the Sabine river, containing 52,390 acres, agreeably to, and having such marks and boundaries as are represented in, a plat of survey drawn by John Dinsmore, jun., deputy surveyor of the United States, dated September 12, 1823, and filed with the notice. Claimed by virtue of a concession in favor of the claimants, given and signed by Don Joachim Ougardus, commandant of Nacogdoches, dated, as is believed, twenty-four years past; which act of concession was deposited in the archives of that post, and carried off, as is alleged, by Governor Salcedo, so that the same cannot be found to file with this claim. Claimed also by virtue of occupation, habitation, and cultivation. The claim is supported by the following testimony taken before the board:

“Andre Valentine and Sylvestre Poissot, being duly sworn, say that they know the land claimed by Sezare and Louis Laffitt in their above notice; that possession of said land was taken by the claimants more than twenty-four years ago, when the claimants moved on the land claimed with their families, their cattle, horses, and slaves; that the claimants kept possession, lived on, and cultivated the land, and occu­pied the same from the said period of more than twenty-four years ago constantly until the present day. And the declarant, Sylvestre Poissot, says that he remembers having seen a concession signed by M. Ougardus, commandant of Nacogdoches; does not recollect the date, but thinks it was dated more than twenty-three years past; that said concession was in favor of the claimants, and was for all the land between the river Sabine and the Bayou San Patrice; and both the declarants say that it was the general belief and understanding among the inhabitants of the neighborhood that the claimants had a perfect grant, without any conditions, for the land claimed; that one of the claimants told these deponents, before and after the archives and papers at Nacogdoches were carried of by Governor Salcedo, that said grant was deposited therewith, and such was the belief and understanding of these deponents and of their neighbors, that all the papers and documents in the office of the commandant at Nacogdoches were carried off forcibly by Governor Salcedo in the year 1812; and that, since that time, said papers or documents have never been found or recovered by any individual interested therein.” The claimants also filed two original letters, of which the following is a translation:

NA,COGDOCRES, September 8, 1806.

“Let it be )mown to you that, heretofore, Cesar Laffiat brought with him, and presented to me at this post, the grant which he has as a stock at the place called ‘Las qrmegas,’ and. you will let me know what has come to your knowledge respecting it. God preserve you. Signed by the commandant.

“DIONISIO VALLE.

“Senor Sindico Don MARCELL° SOTO.”

“I received the official letter which you sent me under date 8th instant, in which you tell me that I should send you Cesar Laffitt with the grant of the ‘Rancho de las Ormegas’ You will know that Mr. Samuel has lost it three times, and it appears to me he cannot rely on a claim which he has lost so often. God, &c.

” MARCELLO DE SOTO.”

The land claimed lies between the Sabine and Bayou San Patrice. We have abundant proof that the public documents of Nacogdoches were carried off during the revolutionary struggle in 1812; and we believe that it was seldom the practice of the inhabitants to take out copies of their grants; these con­siderations justify, in our opinion, a resort to parole proof to show that a grant once existed. The testimony relative to that fact is strong; and when the long and uninterrupted possession of the claimants is considered, joined to the expressions used in the letter of the commandant, we are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “first class.’

201. The heirs of James Denny, of the parish of Natchitoches, assignees of Jose y Barvo, filed their notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the south side of the Bayou of the Three Prairies, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Raymond Daley and Marian Sanchez, being sworn, say they know the land claimed by the heirs of James Denny in their above notice; that the same is lying and situate as is therein described; that the same was habited, occupied, and cultivated by Jose y Baty°, (under whom the claimants hold,) by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupa­tion, and cultivation has been continued uninterruptedly by said Jose and the claimant’s ancestor since that time to the present year; and that the claimant’s improvement on the land claimed embraces about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Andre Chamard, of the parish of Natchitoches, assignee of Miguel Delgado, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated in a Spanish village known by the name of the Adaise, as is described in a plat of survey made by John Dinsmore, jr., deputy surveyor of the United States, dated September 23, 1823, and containing 57.68 acres. The claim is supported by the following testimony taken before the board:

“Pierre Royet, being sworn, says that be knows the land claimed by Andre Chamard in his notice No. 202; that the same is lying and situate as is therein described; that said land was habited, occupied, and cultivated by Miguel Delgado, (who sold to the claimant,) by his living and growing corn, &c., thereon, in the year 1812; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by said Delgado and the claimant since that time to the present day; and that the claimant’s improvements on the land claimed embrace about fourteen acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. George McTier, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the left bank of Bayou Depont, containing 671.58 arpents, bounded on all sides by vacant land, as appears by a plat of survey dated December 11, 1819. The claim is supported by the following testimony:

“Laurent Mier and Jacques Herrier, being duly sworn, each say they know the land claimed by George McTier in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and prior to February 22 1819; that said inhabitation, occupation, and cultivation has been uninter­ruptedly continued by the claimant since that period to the present day; and that the claimant’s improve­ments on the land claimed embrace about three acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. The heirs of Gaspard Fiolle and of Therese Lama Bathey, his wife, of the parish of Natchitoches, filed their notice claiming a tract of land lying within the late neutral territory, situated at a place called “Bayou La. Gloria,” nine or ten leagues to the westward of the town of Nacogdoches, containing two leagues square, claimed in virtue of a concession given by Antonio Gil y Barvo, commandant of Nacogdoches, dated in 1190, in favor of the ancestor of the claimants for the land claimed; which title or concession the claimants represent as lost, the same having been filed in the archives of Nacogdoches, and forcibly carried off from thence by Governor Salcedo, in 1812, so that the same nor a copy thereof cannot now be had; claimed also by virtue of occupation, habitation, and cultivation for more than thirty years. In support of the claim the following testimony was taken before the board:

“Marian Sanchez and Dorothee Jarnao, being sworn, say they know the land claimed; that the same is lying and situate as is therein described; that the said land has been habited, occupied, and cultivated by Gaspard Fiolle and his descendants for upwards of twenty consecutive years; they both heard, some time in the year 1790 or 1791, a paper read by the father of Dorothee Jarnac, one of the deponents, purporting to be a grant of land signed by Antonio Gil y Barvo, commandant of Natchitoches, in favor of Gaspard Fiolle, for two leagues square of land, situated at a place called Bayou La Gloria; and Marian Sanchez further says, that it was the general belief among his neighbors that Mr. Fiolle bad a perfect right from the Spanish government for the land claimed; and further, that he received a paper from the commandant of Nacogdoches to deliver to Madame Gaspard, which he did deliver to her; he did not know what the paper contained, but from what the commandant said at the time, and. a remark of Mrs. Gaspard on the delivery, he understood it was the grant in question. Declarant knows that Governor Salcedo issued orders for all the holders of lands within the jurisdiction of Nacogdoches to produce their titles before him to be examined and verified; this was in the year 1809, as well as he recollects; that most of the holders complied with the order; that afterwards, a number of persons demanded of the officers of Nacogdoches their titles, which demand was always evaded until the year 1812, when they were all carried off with the archives and public papers of every description by Governor Salcedo, at the commencement, or during the revolution in that country.”

We feel considerable difficulty in forming an opinion on this claim. The testimony is not entirely satisfactory, particularly the latter part, which we feel disposed to reject, knowing, as we do, that the original act, of concession, together with the petition and other proceedings, forming the only record, were filed and kept in the office of the commandant, and copies thereof given to the persons interested; yet these copies, the only evidence of title in possession of the claimants, must have been loosely kept, considering they were given on application, and with no other expense than a trifling gratuity to the officers.

On the whole, we are of opinion the claim ought to be confirmed, and in the abstract have classed it with the claims of the “first class.”

  1. Mary Eliza Case, wife of William M. Rivers, of the parish of Natchitoches, assignee of William Stockman, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated as follows: bounded by the Spanish lake, and above by laud claimed by George McTier, and known as Stockman’s place, containing 640 acres. The claim is supported by the following testimony taken before the board:

“Laurent Ma.ylieux and George Maier, being sworn, say they know the land claimed, by Mary E. Case in her above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by William Stockman, under whom the claimant holds, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the said Stockman, and others claiming under him, since that period to the present time; and that the claimant’s improvements on the land embrace about 23 acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.

  1. George McTier, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on a Spanish lake, bounded below by land claimed by Mary E. Case, and above by vacant land, and containing 640 acres. The claim is supported by the following testimony:

“Laurent Mayreux and Jacques Heriet, being sworn, say they know the land claimed by George McTier in his above uotiae; that the same is lying and situate as is therein described; that said land was habited

occupied, and cultivated by the claimant, by his living and growing corn, &o., thereon, twelve years ago; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land embrace about seven acres.”

We have already recommended the confirmation of a claim (No. 203) in favor of the present applicant, founded on habitation, occupation, and cultivation in his own right. Therefore, in our opinion, this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”—(See Nos. 46, 51, 114.)

207. Davis Case, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of Red river, about six or seven leagues above the town of Natchitoches, bounded below by land formerly of Jose Jeanis, and at present owned by William Murray, and above by the improvement of Moses Watts—the claimant holding under a sale from John Armon. The claim is supported by the following testimony:

” George McTier and Laurent Mailreux, being sworn, say they know the land claimed by David Case in his above notice; that said land. is lying and situate as is therein described; that the same was habited, occupied, and cultivated by John Arrnon, under whom the claimant holds, by his living and growing corn, Sic., thereon, about twelve years since; that said inhabitation, occupation, and cultivation were uninterruptedly continued by said Armon from that time until about three years since, when he left the place, but the fences, &c., have been kept up until the present time; that the claimant’s improvements on the land claimed embrace about ten acres; that Armon never had an intention of abandoning the land, but quit it solely on the ground of his children’s health, and always had an intention of returning thereto until his sale to the claimant.”

We are of opinion this claim ought to be confirmed, and in the abstract have clasied it with claims of the “third class.”—(See No. 100.)

208. The heirs and representatives of John Dawson, of the parish of Rapide, filed their notice, claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated. on. bbth sides of Bayou Piedra, and on the road leading from Natchitoches to Gaines’ Ferry, on the Sabine, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Samuel Davenport and James McCracken, being duly sworn, say they know the land claimed by the heirs and representatives of John Dawson in their above notice; that said land is lying and situate as is therein described ,• that the same was inhabited, occupied, and cultivated by John Dawson, the claimant’s ancestor, by his living and growing corn, &c., thereon, in the year 1811; that said inhabita­tion, occupation, and cultivation was uninterruptedly continued by said Dawson until his death in 1816; that the occupation, cultivation, and inhabitation were uninterruptedly continued from that time for the claimants, by and through Marian Sanchez, James McCracken, and Henry Stoker, to the present day; and James McCracken further says that Sanchez, himself, and Stoker occupied the land in virtue of the permission of the claimants.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third. class.”

209. The heirs and legal representatives of Gaspard Fiolle, of the parish of Natchitoches, filed their notice claiming a tract of land lying within the late neutral territory, situated on the Bayou Goutiere, about six leagues from the town of Natchitoches, and on the road to Opelousas, and. containing two leagues all around said Bayou Goutiere, claimed by virtue of a grant signed by Estevan Mira, governor of the province of Louisiana, dated October 3, 1787, in favor of the said Fiolle; claimed also by virtue of occupation, habitation, and cultivation. The claimants filed the original documents, of which the following are translations in substance:

“The petition of Gaspard Fiolle, addressed to Pedro Rousseau, commandant of Natchitoches, praying for a piece of land situated at the Bayou Goutiere, on the road to Opelousas, and about six leagues from this post, it being the same land formerly established by Mr. Louis Cesare Borme, and by him abandoned for about twelve years. The petitioner prays to be permitted to establish himself on the land, and that there be conceded him two leagues round the Bayou Goutiere, to yield pasturage and support to the different kinds of stock and animals which he hopes soon to ‘put upon it. Dated April 14, 1786. On September 20, 1787, the commandant says, considering, among other things, “that said land is not fit for cultivation, being pine woods, and only proper for a vacharie, it is permitted to the petitioner to establish Ms vacharie thereon until it shall please the government to accord a title in form.

“PIERRE. ROUSSEAU.”

“NEW ORLEANS, October 3, 1187.—The surveyor general of this province will give possession of the two leagues of land, with the short depth, corta profundidad,’ expressed, and in the place solicited, the same being vacant, and prejudicial to no one, with this indispensable condition, of making the road, clearing and cutting the timber within the precise time of one year; and if not done in three years, and in case the land shall not then be settled, this grant to be null and void; and with the further restriction of not selling it under the same term of three years; and under these conditions he shall survey the land, and shall extend the evidence of his possession, which shall be remitted to me, that I may provide the interested party with his complete title.

” ESTEVAN MIRO.”

No proof was adduced before us that the road was made and cleared within the year, or that the same was ever done, or that the land claimed was ever settled; consequently we must say that the essential conditions of the grant were never performed, and declare, in the language of the instrument itself, the same to be null and void. Therefore we are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

210. Joseph T. Montgomery, of the parish of Natchitoches, assignee of Abm. Dinton, filed his notice claiming a tract of land lying within the late neutral territory, situate in the forks of the Negreite bayou, adjoining the claim of Thomas Gray, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“James Gray and James Bridges, being sworn, say they know the land claimed by Joseph T. Mont­gomery in his above notice; that said land is lying and situate as is therein described.; that the same

was habited, occupied, and cultivated by Abraham Dinton, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation was continued by said Dinton until his sale to Thomas Gray, and by him and others claiming through him and the claimant, since the said February 22, 1819, until the present time; and that the claimant’s improvements on the land claimed embrace about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

  1. Baptiste AdIe, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situate at a place called ” Sacanarie,” on the Bayou Oypre, bounded, as is supposed, on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Antoine Adle and Andre Adle, being duly sworn, say they know the land claimed by Baptiste A.dle in his above notice; that said land is lying and situate as is therein described; that the same was habited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that time to this day; and that the claimant’s improvements on the land claimed embrace about five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Thomas Gray, of the „parish of Natchitoches, assignee of Domingo Gonzales, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situate on the Bayou Negreite, bounded on the north by the claim of Davenport, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“James Bridges, being duly sworn, says he knows the land claimed by Thomas Gray in his above notice; that the same is lying and situate as is therein described;. that said land was habited, occupied, and cultivated by Domingo Gonzales, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by said Gonzales and the claimant since that.time until this day; and that the claimant’s improvements on the land claimed embrace about eight acres.”

Domingo Gonzales, from whom the claimant derives his right, has, before this board, filed his notice, claiming in his own right, by virtue of occupation, habitation, and cultivation, on and prior to February 22, 1819, another tract, (see No. 141,) which claim we recommended for confirmation. This claim is precisely similar to the one reported under No. 53; and applying to this case the same reasons which we recognized in that, we give it as our opinion that this claim ought not to be confirmed. and in the abstract have classed it with claims of the ” fourth class.”

  1. Jacques Lapine, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, at the prairie called La Oabache; bounded, as is supposed, on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Jacques Harriet and Jean Leone, being duly sworn, say that they know the land claimed by Jacques Lapine in his above notice; that said land is lying and situate as is therein described; that the same was habited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1812; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that year to the present time; and that the claimant’s improvements on the land. claimed embrace about six acres.

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Absalom J. Winfree, of the parish of Natchitoches, assignee of John Waddill, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Sabine river, bounded on all sides, as is supposed, by vacant land, and contain­ing 640 acres. The claim is supported by the following testimony:

” Nicholas Jacks, being duly sworn, says that he knows the land claimed by Abraham J. Winfree in his above notice; that said land is lying and situate as is therein described; that the same was habited, occupied, and cultivated by John Waddill, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation was continued during the years 1819 and 1820; and that the claimant’s improvements on the land claimed embrace about two acres.”

We have before recommended the confirmation of a claim (see No. 8) in favor of the claimant’s assignor, John Waddill, in virtue, and in his own right of occupation, &c.; and according to our decisions in claims Nos. 46, 51, 53, we are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

  1. Nicholas Jacks, of the parish of Natchitoches, assignee of Nedum Alford, filed his notice claim­ing, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on a branch of the Toreaur, and between lands claimed by Hugh McNeely and Benjamin Morris, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” Thomas Gray and Abraham J. Winfree, being duly sworn, say they know the land claimed by Nicholas Jacks in his above notice; that said land is lying and situate as is therein described; that the same was habited, occupied, and cultivated by Nedum Alford, (through and by his hired man, one Miller,) under whom the claimant holds, by his living and growing corn, &G., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been constantly continued since that period to the present time; and that the claimant’s improvements on the land claimed embrace about five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract, have classed it with claims of the ” third class.”

  1. Manuel Flores, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land. lying within the late neutral territory, situate on the right bank of the Bayou Terre Blanche in ascending, bounded below by Madame Louis Chamara, above by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“George McTier and L. Meilen.; being duly sworn, say they know the land claimed by Manuel Flores

in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his growing corn, &c., and living thereon, on and prior to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that time to the present day; and that the claimant’s improvements on the land claimed embrace about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

217. The heirs of Andrew Franks, of the parish of Natchitoches, filed their notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Peidra, about twenty-one miles from Natchitoches, on the road to Nacogdoches, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” William Eltredge, being duly sworn, says he knows the land claimed by Andrew Franks’ heirs in their above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant’s ancestor in the year 1810; that said inhabitation, occupation, and cultivation was continued until the year 1812. Believes, and has reason to believe, that the ancestor of the claimants was expelled from his possession, or ordered off by the commander of the United States troops and Spanish forces in the year 1812; knows not whether the claimant or any other in his name, or by his authority, ever resumed the occupation.”

.           We have decided (see Nos. 121 and 123,) that when it was shown that possession of the land claimed

was abandoned prior to February 22, 1819, we could not recommend a confirmation of the title; but those cases and this are not similar; there the abandonment was voluntary; here it was coerced. We are to presume that the claimant would have continued his possession, and thus have brought himself within the letter of the law under which we are acting, had he not been prevented by the exercise of superior authority; and can the government oppose to the claim its own act, and one to which the claimant gave no assent ? We think not. It is known that in’ the year 1812 the United States troops did expel and force off a number of settlers on the neutral ground, burning their houses, destroying their property, &c. We think that justice and equity sanctions the opinion that this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

218. John Yocum, of the parish of Natchitoches, assignee of Thomas Thompson, filed his notice claim­ing, by virtue of occupation and cultivation, a tract of land lying within the late neutral territory, situated in the lower end of the hvany Prairie about three miles from the Sabine, bounded on the south by land claimed by James Wilson, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“James Wilson and George Stewart, being duly sworn, say they know the land claimed by John Yocum in his above notice; that said land is lying and situate as is therein described; that the same was occupied and cultivated by John Yocum, the claimant, in the year 1817, by his growing corn, &c., thereon; that the same has been uninterruptedly occupied and cultivated by the claimant since that time to the present day; and that during the whole of the time above specified the claimant lived with his father about four hundred yards off from the land claimed.

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”—(See Nos. 28, 44.)

219. Thomas D. Yocum, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated near the Ewany Prairie, bounded on the south by land claimed by John Yocum, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” George Stewart and James Wilson, being duly sworn, say they know the land claimed by Thomas D. Yocum in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been unin­terruptedly continued by the claimant since that period to the present time; and, that the claimant’s improvements on the land claimed embrace about three acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

220. John Yocum, of the parish of Natchitoches, assignee of Jesse Yocum, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated in and near the Prairie Ewany, bounded on the south by land claimed by Thomas D. Yocum, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“George Stewart and James Wilson, being duly sworn, say that they know the land claimed by John Yocum, assignee, &c., in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Jesse Yocum, under whom the claimant holds, by his living and growing corn, &c., thereon, in. the year 1817; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the said Jesse Yocum, and the claimant holding under him, since that time to the present day; and that the clainlant’s improvements on the land claimed embrace about twelve acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Mathias Yocum, of the parish of Natchitoches, assignee of Louis Chabinea.ud, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated in the Prairie Ewany, bounded on the south and west by John Yocum, assignee of Jesse Yocum, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“George Stewart and James Wilson, being duly sworn, say that they know the land claimed by Mathias Yocum in his above notice; that said land is lying and situate as is therein described; that the same was occupied and cultivated by the claimant, by his growing corn, &c., thereon, in the year 1817; that said occupation and cultivation has been uninterruptedly continued by the claimant since that time until the present; and that the claimant’s improvements on the land claimed embrace about eight acres.”„j

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Samuel S. Games, of the parish of Natchitoches, assignee of Richard Simms, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral

territory, situated on a branch of the Bayou Toreaux, in the upper settlement of the Hickory Woods, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Jesse Yocum and Thomas D. Yocum, being duly sworn, say that they know the land claimed by Samuel S. Carnes in his above notice; that the same is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Richard Simms, under whom the claimant holds, by his living and growing corn, &c., thereon, in the years 1814 and 1815; that said inhabitation, occupation, and cultivation was uninterruptedly continued by said Simms during four or five years thereafter; that the claimant, under his purchase from said Simms, has occupied, inhabited, and cultivated the land for about one or two years; and that the claimant’s improvements on the land claimed embrace about nine acres.”

The testimony brings the occupation and cultivation, at least, up to February 22, 1819. The estab­lishment of this fact we have heretofore thought entitled the claimant to recover.—(See Nos. 100, 189.)

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. John Palvadore, of the parish of Natchitoches, filed his notice claiming a tract of land lying within the late neutral territory, situated on the Bayou “La Bonne Chassd,” bounded by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“John Bte. Plaisance, being duly sworn, says that he knows the land claimed by John Palvadore in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22,1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present day; and that the claimant’s improvements on the land embrace about seven acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. The heirs of Edward Murphy, of the parish of Natchitoches, filed their notice claiming a tract of land lying within the late neutral territory, situated near the Lake Juan de Mora, having two leagues front to each cardinal point, or four square leagues, claimed by virtue of a concession given and signed by the commandant of Nacogdoches, and dated                 for said tract of land, in favor of John Quinilty, who,
    afterwards, as the notice alleges, on or about June 15, 1199, sold. to the claimants’ ancestor; which concession, as is further alleged, is lost, and cannot, or a copy thereof, be found to file herewith, the same having been returned to the commandant of Nacogdoches agreeably to orders, and from thence carried off forcibly by Governor Salcedo in 1812, with all the papers and archives of that post; claimed also by virtue of habitation, occupation, and cultivation for more than thirty years. The claim is supported only by the following testimony taken before the board:

“John Sibley, being duly sworn, says that he knows the land claimed by the heirs of Edward Murphy in their above notice; that the same is lying and situate as is therein described. Deponent knew the sons of the grantee, John Quinilty, about six years past, at which time one of them, James, told this deponent that his father had a concession for the land claimed. Deponent has known the land claimed for twenty years, and that it was always called Quinilty’s place.”

“Bertrand Plaisance, being duly sworn, says he knows the land claimed by the heirs of Edward Murphy in their above notice; that the same is lying and situate as is therein described; that said land was habited, occupied, and cultivated by John Quinilty, under whom the claimants hold, by his living and growing corn, &c., keeping his vacharies, horses, &c., thereon, more than thirty-five years past; that said inhabitation, occupation, and cultivation was uninterruptedly continued for more than ten years, and until his sale to the claimants’ ancestor; that said occupation, inhabitation, and cultivation was continued by the claimants’ ancestor until the year 1806, when the buildings and houses were burned by Captain Turner, of the United States army. Deponent has always understood and believed, and it was the under­standing and belief among his neighbors and the inhabitants generally, that the said John Quinilty had a written grant for the land claimed, emitted by the Spanish government, though he never saw the grant, nor knows the quantity conceded.”

“Theodore Grilliet, being duly sworn, says that he has heard read the preceding declaration of Bertrand Plaisance, and that the facts therein stated are true, with the exception that this deponent does not know that the land claimed was settled previous to thirty years past.”

This testimony does not clearly prove the pre-existence of the grant; but, if stronger was required, would not this description of claimants, in every case, be precluded from establishing their rights ? Facts similar to the one here attempted to be shown among an illiterate people, with few exceptions Lowing not how to read or write, can only be substantiated by a sort of traditionary belief—a general under­standing among themselves. We think the early settlement of the land, and the fact that grants were

i

seldom denied by the Spanish authorities, are considerations that may correctly be brought forward in aid of the testimony. See further answers to the general interrogatories preceding this report. i

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “first class.”

  1. Bernard Pantalion’s representatives, of the parish of Natchitoches, filed their notice claiming, by virtue of a concession signed by the commandant of Nacogdoches, dated April 20, 1798, in favor of the claimants’ ancestor, a tract of land lying within the late neutral territory, bounded east by the Spanish lake, south by the Bayou. Terre Blanche, north by the Bayou Durasmus, extending from said lake two leagues west,

No document of title or testimony of any kind accompanies this notice; but we were referred generally to a notice of the same claimants, filed November 11, 1820, with the late register, under the act of May 11, 1820, and with which the concession here relied on is to be found. No particular benefit can result to the claimants from an examination of their pretensions by the board, and we think it more regular that the title should remain as at first filed, to be reported by the present register under the above-mentioned act; consequently this claim must be rejected, and in the abstract we hare classed it under claims of the “fourth class.”—(See Nos. 118, 120.)

  1. Francois Robin, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the west bank of Old river, bounded above by land of James Bloodworth and below by the heirs of Orizdme Buard, containing 640 acres. The claim is supported by the following testimony taken before the board:

” Gaspard Boudin, being duly sworn, says that he knows the land claimed by Francois Robin in hisabove notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period up to last spring, when his houses, &c., were burned; that the inhabitation has not been abandoned, and that the claimant is now preparing buildings, &c. for the purpose of renewing his cultivation.

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

227. Remy Totan, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou

Tapalcat, bounded, as is supposed, all round by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” Laurient Maylieux, being duly sworn, says that he knows the land claimed by Remy Totan in his above notice; that said land is lying and situated as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, fifteen years since; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period until the present time; and that the claimant’s improvements on the land claimed embrace about forty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of “third class.”

223. Mary Routh Booker, of the parish of Natchitoches, filed her notice claiming, by virtue of habitation, occupation, and. cultivation, a tract of land lying within the late neutral territory, situated on a branch running into the Bayou Provencal, about half a mile below the Ewany trace, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Peter Sydick and John Baptiste Sydick, being duly sworn, say that they know the land claimed by Mary Routh Booker in her above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by John Self; by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said Self raised one crop on the land, and sold the same to Thomas Villars, who continued said inhabitation, occupation, and cultivation one year, and then sold the land to the claimant, who has uninterruptedly continued said inhabitation, occupation, and cultivation from that time to this day; and that the claimant’s improvement on the land claimed embrace about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed. it with claims of the “third class.”

229 Ambroise Lecomte, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract, of land lying within the late neutral territory, situate in the Prairie Lianacucu, fronting on the Bayou Lianacucu, bounded by lands of John Baptiste Lecomte, containing twenty arpents front by forty in depth, being equal to 677 American acres. The claim is supported by the following testimony taken before the board:

“Gaspard Boudin, being duly sworn, says that he knows the land claimed by Ambroise Lecomte in his above notice; that said land. is lying and. situate as is therein described; that the same was inhabited, occupied, and. cultivated by the claimant, by and through his agents and others holding under him, living and growing corn, &c., thereon, in the year 1808; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that time to the present day; and that the claimant’s improvements on the land claimed embrace about forty-five acres.”

We are of opinion, on this testimony, the claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.’

  1. John Baptiste Lecompte, of the parish of Natchitoches, filed his notice claiming a tract of land lying within the late neutral territory, situated at a place called Lianacucu, and containing, agreeably to a plat of survey filed in the claim, drawn by Joseph Irwin, then a deputy surveyor of the United States, dated. in 1813, two leagues square, or 23,507 acres, claimed by virtue’ of a request or concession signed by the commandant of Nacogdoches, and dated July 31, 1797, in favor of Juan Baptiste D’Artigeau for the land claimed; transferred by the said D’Artigeau to Marie Louise Lecomte Dame Porter, by act of exchange, dated. —, and by said Dame Porter transferred to the claimant by act of sale, dated June 19, 1813; claimed also in virtue of habitation, occupation, and cultivation for more than thirty-three years.

“Dr. Juan Baptiste D’Artigeau coma Unicates to you, ‘with due respect, that he desires to establish a stock farm in the place called the Anacucu, of this jurisdiction, in consequence of which he prays you to grant him two leagues of land square in said place, in such a manner that it shall contain the whole of the plains of Lianacucu, todo el nano de Lianacucu, as well for himself as for his heirs and descendants. Should you grant this request, &c. Nacogdoches, July 31, 1197. Signed. Baptiste D’Artigeau.” “Nacog­doches, July 31, 1797. Let this request pass to the procurador of this jurisdiction, provided no prejudice shall accrue to third persons. Guadiana.”

The claim is further supported by the following testimony taken before the board:

“Gaspard Boudin, being sworn, says that he is a creole of this country, and fifty-eight years of age; that he knows the land. claimed by Jean Baptiste Lecomte in his above notice; that the same is lying and situate as is therein described; that said land has been constantly and uninterruptedly inhabited, occupied, and cultivated by those under whom the claimant holds, by the claimant, and for his use by others, for more than thirty-three years preceding this date.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of “second class.”

  1. Emanuel Trichel, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situate in the Prairie Ohatidana, bounded on all sides by vacant lauds, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Alexander Germieul, being duly sworn, says that he knows the land claimed by Emanuel Trichel in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied and cultivated. by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly con­tinued by the claimant since that period to the present time; and that the claimant’s improvements on the land. claimed embrace about six acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the “third class of claims”

  1. James Bluclworth, of the parish of Natchitoches, assignee of John Bennett, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Lao Pitite Embarras at its junction with Old river, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Alfred Bludworth, being duly nom, says that he knows the land. claimed; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by John Bennett, under whom the claimant holds, by his living and growing corn, &o., thereon, in the year 1812; that Bennett continued said inhabitation, occupation, and cultivation, until his death, in 1815; that a few months afterwards the land was inhabited, occupied, and cultivated by Bradburn and Jacobson, who lived thereon about two years, under a permission from the claimant, after which the land was not inhabited nor occupied until August 1, 1823, when the claimant recommenced the inhabitation, occupa­tion, and cultivation, and has uninterruptedly continued the same until the present time. Claimant has at all times had his hogs on the land, and has cut timber and wood thereon.”

We have already said that rights or claims to land resulting from possession and occupancy became, under the usages and customs of the Spanish government, lost by subsequent relinquishment or voluntary abandonment of such possession and occupancy. If we are correct, it results that, at the date of the treaty between the United States and Spain, the land now claimed was fully reannexed to the domain.–(See Nos. 121 and 123.)

We are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

  1. Asa Hickman, of the parish of Natchitoches, assignee of John Mayhaw, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Santaburb, bounded above by other land claimed by the claimant, on other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Wm. Hickman and Theo. Hickman, being duly sworn, say they know the land claimed by Asa Hickman in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by John Mayhaw, (who sold to the claimant,) by his living and growing corn and peas, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occu­pation, and cultivation has been uninterruptedly continued by the said Mayhaw and by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about thirty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed. it with claims of the ” third class.”

  1. The heirs of Francois Rouquier, of the parish of Natchitoches, filed their notice claiming, by virtue of an order of survey, signed by Estevan Miro, governor of the province of Louisiana, in favor of Dominique Prudhomme, and dated October 5, 1786, a tract of land lying within the late neutral territory, situated on the west bank of that branch of Red river, called Old river, at the place called “La Petit Ecor,” and adjoining below by land claimed by Jean Marie Francois Roquier, containing forty arpents front by forty arpents in depth.

The claimant filed in support of his claim the original requete of Dominique Prudhomme, dated July 18, 1186, praying for the land claimed; on which the governor, in the usual form, under date of October 5, 1786, orders the surveyor general to put the party in possession. An authentic sale from the grantee, Dominique Prudhomme, dated December 20, 1786, is also Med. These documents are so mutilated by the ravages of time and insects that we can only give their substance.

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “second class.”

  1. Jean Marie Francois Rouquier, of the parish of Natchitoches, filed his notice claiming, by virtue of an order of survey, signed by Estevan Miro, then governor of the provice of Louisiana, in favor of the claimant, dated October 4, 1786, a tract of land lying within the late neutral territory, situated on the west bank of that branch of Red rivers called Old river, immediately below the place called “Petit Ecor,” to adjoin the next preceding tract, and containing forty arpents front by forty arpents in depth.

The claimant filed in support of his claim his original petition, dated July 18, 1786, praying for the land claimed, on which the governor, in the usual form, October 4, 1786, orders the surveyor general to put the party in possession. This document is so torn by the ravages of time and insects that we can only give its substance.

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “second class.”

  1. James Kirkham, of the parish of Natchitoches, assignee of Juan Segine, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situate on the Bayou Piedra, or Piedro, bounded. on. the upper side by other land of the claimant, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Robert Sharp and John Sheridan, being duly sworn, say they know the land claimed by James Kirkham in his notice No. 236; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Juan Segine, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninter­ruptedly continued by said Segine, under whom the claimant holds, since that period to the present time, with the exception of last summer, of which the declarants do not know, not having seen the laud during that year; and that the claimant’s improvements on the land claimed embrace about eight acres.”

We are of opinion this claim ought to ‘be confirmed, and in the abstract have classed it with claims of the ” third class.”

  1. Michel Rambin, of the parish of Natchitoches, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Pierre settlement, bounded on the northeast by land of Pierre Laffitt, southwest by Madame Prudhomme, southeast by Mrs. Rucky, and other sides by vacant land, containing two hundred and eighty-one acres and seventy-one-hundredths of an acre. The claim is supported by the following testimony taken before the board:

“Louis Procelia, and Remy De Soto, being duly sworn, say they know the land claimed by Michel

Rambin in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1812; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that year to the present time and that the claimant’s improvements on the land claimed embrace about three acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Marcel De Soto, of the parish of Natchitoches, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of laud lying within the late neutral territory, situated on the east side of Bayou Pierre, bounded north by vacant land, by Michel Rambin and Madame Baptiste Bastine partly on the east, and containing one thousand thirteen acres and twenty-six-hundredths of an acre. The claim is supported by the following testimony:

“Christian Hesser, (before the board,) being duly sworn, says he knows the land claimed by Marcel De Soto in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, for more than twenty-three years last past; that said inhabitation, occupation, and cultivation ,has been uninter­ruptedly continued by the claimant since that period to the present time ; and that the claimant’s improvement on the land claimed embraces about twenty acres. And Louis Vacou, being sworn, says the above facts are all within his own knowledge, except that he does not know that the land claimed has been cultivated and inhabited more than ten years past.”

We are of opinion this claim ought to be confirmed to the extent of six hundred and forty acres, and in the abstract have classed it with claims of the “third class.”

  1. Louis Procella, of the parish of Natchitoches, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the east side of Bayou Pierre, bounded below by Marcel De Soto, and on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” Christian Hesser and Remy De Soto, being duly sworn, say they know the land claimed by Louis Procella in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1814; that said inhabitation, occupation, and cultivation has been uninterruptedly continued since that year by the claimant, and by his father and mother under him, to the present time; and that the claimant’s improvement on the land claimed embraces about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Pavie and Noyrit, of the parish of Natchitoches, filed their notice claiming a tract of land lying within the late neutral territory, situated at a place called “Las res Llanos,” being the tract on which Louis Latham lately resided, and containing one league square, claimed by virtue of a Spanish concession in favor of Jose Sanchez, who sold and transferred the same by act dated June 2, 1818, to Jose Antonio Sepulveda, and by him sold and transferred to the claimant on November 18, 1820.

No document of title, or testimony of any kind, was filed with this notice, but we were referred generally to the proof accompanying the notice for the land here prayed for, filed with the late register, No. 64, under the act of May 11, 1820. No particular benefit can result to the claimants from an examina­tion of their claim here, and we think it more regular that the testimony should remain as at first filed, to be examined and reported by the register under the above-mentioned act.—(See Nos. 118, 120.) There­fore, we are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

  1. Vincent Jackson, of the parish of Natchitoches, assignee of William Ash, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the east bank of the Sabine river, about two miles below the Cashata bounded on all sides by vacant land, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Morris McLaughlin, being duly sworn, says that he knows the land claimed by Vincent Jackson in his above notice; that said land is lying and situated as is therein described; that the same was inhabited, occupied, and cultivated by William Ash, by his living and growing potatoes, peach trees, &o., thereon, some time about the year 1810; that at that time said Ash had about seven acres cleared. Witness has never seen the place since.”

The rights of the claimant were lost by non-continuation of occupancy.—(See Nos. 121, 123, and 232.) We are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

  1. Pierre Roblot, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Na Bon Chasse, bounded above by land claimed by Philip Flores, below by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Jacob Nord and Remy Totan, being duly sworn, say that they know the land claimed by Pierre Roblot in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1810; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that year to the present time; and that the claimant’s improvement on the land claimed embraces about twenty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Philip Flores, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of Bayou “Na Bon Chasse,” bounded on the lower side by Pierre Roblot, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Jacob Nord and Remy Totan, being duly sworn, say they know the land claimed by Philip Flores in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly

continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

244. Claude Antoine Choppin, of the parish of Natchitoches, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated at ” L’Isle a Bolieu;’ in the settlement of Bayou Pierre, bounded, as is supposed, by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Pierre Bolieu and Edward Bolieu, fils, being duly sworn, say they know the land claimed by Claude Antoine Choppin in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Baptiste Soline, the hireling of the claimant, and for his benefit, by his living, and growing corn, &es thereon, on and previous to February 22, 1819; and that the claimants’ improvements on the land claimed embrace about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

245: Pierre Bolieu, of the parish of Natchitoches, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situate at the ” a Bolieu,” in the settlement of Bayou Pierre, bounded below by vacant land, and above by Charles Noyrit, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Laurent Meillieu, being duly sworn, says that be knows the land claimed by Pierre Boilieu in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the year 1810; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that year to the present day; and that the claimant’s improvement on the land claimed embraces about twenty-four acres. And C. A. Choppin, being also sworn, says that the land claimed was in a high state of cultivation by the claimant in 1819.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

246. Laurent Meillieu, of the parish of Natchitoches, filed his notice claiming, by virtue of inhabi­tation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated in “L’Isle a Bolieu,” bounded above by Michel Rambin, and below by Pierre Caillieu, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Pierre Bolieu and Edward Bolieu, being duly sworn, say that they know the land claimed by Laurent Meillieu in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Pierre Caillieu, on account and for the benefit of the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabita­tion, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present time; and that the claimant’s improvements on the land. claimed embrace about five acres.”

On this testimony we are of opinion the claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

20. Edward Bolieu, fils, of the parish of Natchitoches, filed his notice claiming, by virtue of inhabi­tation, occupation, and cultivation, a tract of laud lying within the late neutral territory, situated at ” L’Isle a Bolieu,” in the settlement of Bayou Pierre, bounded by Pierre Bolieu above and Frarnois Serpen­tine below, and containing 640 acres. The claim is supported. by the following testimony taken before the board :

“Laurent Meillieu, being duly sworn, says that he knows the land claimed by Edward Bolieu, fils, in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant., by his living and growing corn, &c., thereon, in the year 1810; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that year to the present time; and that the claimant’s improvement on the land claimed embraces about eight acres.”

On this proof we are of opinion the claim ought to be confirmed, and in the abstract have classed it with the claims of the “third class.”

  1. The heirs of Louis Souligne, of the parish of Natchitoches, filed their notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated in “L’Isle a Bolieu,” bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” Laurent Meillieu and E. Bolieu, fits, being duly sworn, say that they know the land claimed by the heirs of Louis Souligne in their above notice; and that said land is lying and situate as is therein described; that the same was inhabited, occupied., and cultivated by the claimants’ ancestor, by his living and growing corn, &c., thereon, in the year 1813; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by him and the claimants since that year to the present time; and that the claimants’ improvements on the land embrace ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Pierre Roblot, of the parish of Natchitoches, assignee of Josd Antonio Skiewell, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Na Bon Chassd, bounded on the lower side by Rosimo Gannie, on other sides by vacant land, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Jacob Nord, being duly sworn, says that he knows the land claimed by Pierre Roblot in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Jose Antonio Skiewell, (from whom the claimant holds,) by his living and growing corn, &c., thereon, on and before February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by said Skiewell from that period. until about eight months since; and that the claimant’s improvement on the land claimed embraces about thirty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

Jacques Grappe, of the parish of Natchitoches, filed. his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the

Sieicaacha bayou, bounded on all sides by vacant land, and containing six hundred and forty acres. The claim is supported by the following testimony:

“Francisco Roues and Pierre Moran. being severally sworn, say they know the land claimed by Jacques Grappe in his above notice; that the same is situated as is therein described; that said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing corn thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the improvement on the tract claimed embraces about fifty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims  of the third class.

  1. Martha Andrus, of the parish of St. Landry, filed her notice claiming, by virtue of settlement and occupation, a tract of land in the late neutral territory, situated on the west side of the river Quel­queshue, bounded above by John Henderson, and below by Mitchel Neal, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Thomas Stewart, being duly sworn, deposeth and says that the land claimed was, to his knowledge, settled and cleared to the extent of two acres by John Clark, (who sold to Sally Andrus, the deceased daughter of the claimant, and from whom she heirs,) about the year 1814. Deponent does not know that the settlement continued till about three years, when one Arsene Le Blue, for the claimant, entered on the land, and has cultivated it ever since.”

We are of opinion that this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Dempsey Isles, of the parish of St. Landry, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land, situated on the west bank of the river Quelqueshue, north of the Bayou Dan, bounded by H. Coward above, and below by vacant land, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

” In the claim of Dempsey Isles, William Smith, being sworn, says that he knows the land since the year 1818 to the present time; that from that time to the present it has been cultivated to the extent of sixteen acres, in corn and potatoes—first by James Ashworth, (who sold his right to the claimant, as appears by a sale on file,) and then by the present claimant ever since; that it is situated on the ancient bed of the Quelqueshue river, and that James Ashworth is about fifty years of age.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.” •

253: Elias Blunt, of the parish of St. Landry, assignee of Archibald Smith, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land, situated on the west bank of the Quelqueshue river, at a place called Blunt’s Ferry, bounded below by William and George Smith, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Burrell Franks, being sworn, says that he has known the land since the year 1818; that from that time to the present it has been settled and cultivated to the extent of about thirty acres—first by Archi­bald Smith, from whom the claimant holds, until the year 1821; that the land is situated on the right bank of the Quelqueshue river, at a place called Blunt’s Ferry.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Hardy Coward, of the parish of St. Landry, assignee of Aaron Cherry, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land, situated on the west bank of the river Quelqueshue, bounded on one side by McKee’s bayou, and on the other by the claim of George Smith, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“William Smith, being sworn, says that he has known the land since the year 1818 to the present time, and that from that time to the present it has been constantly inhabited and cultivated to the extent of about ten acres in corn, pumpkins, &c.—first by Aaron Cherry, (from whom the claimant holds,) till the last year; it is situated on the right bank of the Quelqueshue river, bounded on one side by McKee’s bayou; and that the said Cherry is about forty years of age, and the head of a family.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Archibald Thompson, of the parish of St. Landry, filed his notice claiming, by virtue of occupa­tion, inhabitation, and cultivation, a tract of land, situated in the late neutral territory, on the east prong of Bayou Dinde, (which is a west branch of the Quelqueshue river,) fronting on the west side of said prong, bounded on all sides by vacant land, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“William Smith, being- sworn, says that he knows the land since the year .1818 to the present time, and that during this space it has been constantly inhabited and cultivated by the claimant to the extent of four acres, in corn, potatoes, &c.; that it is situated as mentioned in the foregoing notice, and that the claimant is about thirty years of age, and the head of a family.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims

  • of the “third class.”
  1. George Fogleman, of the parish of St. Landry, filed his notice claiming, by virtue of settlement and occupancy prior to February 22, 1819, a tract of land, lying within the late neutral territory, situated on the west side of the Quelqueshue river, on the Spanish trace, about two miles above Charles’ lake, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

” John Hooser and David Hooser, being sworn, say that they know the land in question, and have known it since the year 1817; that in the spring of that year the claimant cleared and cultivated about five acres of the land in corn, &c.; and that the land in question is situated as mentioned in the preceding notice.”

From the notice and testimony it appears that the land was voluntarily abandoned on February 22, 1819; therefore, we must say, in our opinion, this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.” (See No. 232, and the Nos. there referred to.)

James Going, of the parish of St. Landry, filed his notice claiming, by virtue of settlement and occupancy, a tract of land in the late neutral territory, situated on the west side of the Quelqueshue river,

on the east bank of the Bayou Show Pique, opposite the claim of James Ashworth, and containing three hundred and twenty acres. The claim is supported by the following testimony taken before the board:

” James Ashworth, being sworn, says that he has known the land since the month of January, 1819; that from that time to the present the claimant had settled, resided on, and cultivated it to the extent of about six acres, in corn, potatoes, &c.; that it is situated as mentioned in the foregoing notice.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

  1. James Ashworth, jr., of the parish of St. Landry, filed his notice claiming, by virtue of settle­ment and occupancy, a tract of land lying within the late neutral territory, situated on the west side of the Quelqueshue river, and on the west side of the Show Pique bayou, about fifteen miles above the entrance of said bayou into the Quelqueshue river, at a crossing of said bayou, which is about two miles south of the Spanish trace, and containing three hundred and twenty acres. The claim is supported by the following testimony taken before the board:

“James Going, being sworn, says that he has known the land claimed since the month of January, 1819; that at that time it was settled and cultivated by the claimant to the extent of about five acres, in corn, potatoes, Sc.; that the claimant has continued to reside on said land, and to cultivate it from that time to the present; and that it is situated as mentioned in the foregoing notice of the claimant.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. James Barnett, of the parish of St. Landry, assignee of George Orr and Abel Terrell, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land situated on the river Sabine, at the old. Spanish crossing, having a cabin on each side of the road, containing 640 acres. In support of the claim the following testimony was taken before the board:

“Burrell Franks states on oath that the land was settled and cultivated by George Orr and Abel Terrell, from whom the claimant holds, in the year 1818, and for three years since; since that time depo­nent has not seen the land.” “William Smith, on oath, in the same claim, confirms the testimony of Franks, and adds, that lie saw the place about eighteen months since, and it was then inhabited and under good fence, as the property of said Orr and Terrell.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Jacob R Self, of the parish of St. Landry, assignee of Rezin Bowie, sen., who was assignee of William Andrus, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract. of land lying within the late neutral territory, situated on the west side of the Quelqueshue river, about six miles above Lake Charles, bounded above by lands of Isaac Foster, and containing 640 acres. In support of this claim the following testimony was taken before the board:

“James Simmons, being duly sworn, deposeth and nah that he is well acquainted with the land of the claimant; that it is situated about six miles above Lake Charles, on the west side of the Quelqueshue river, at or near the junction of the west fork with the main river; that the land in question has been inhabited and cultivated for about ten years, iu regular succession, to the extent of about ten acres, in corn, potatoes, and the like—first by William Andrus, and afterwards by others under him, including the claimant, who has occupied it for several years, and has made continual improvements thereon.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Rees Perkins, of the parish of St. Landry, assignee of Gibson Johnson, (who purchased of fevers, who purchased of Burrell Franks,) filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the north side of the west branch of the Quelqueshue river, about four miles above the improvement made by John Gilchris, and containing 640 acres. In support of this claim the following testimony was taken before the board:

“Burrell Franks, being sworn, deposeth that he knows the land since the year 1818; that about that time, and before February, 1819, Charles Savoyard made a settlement and improvement of about two acres, planted in corn, &c.; that said Savoyard made a verbal transfer of said settlement to this deponent, who sold to Devers, who sold to Gibson Johnson, who sold to the claimant; that the said land is situated on the north side of the west branch of the Quelqueshue river, and about four miles above the improve­ment made by John Gilchris, at the first fork of the west branch.”

It is not shown that the land claimed was either occupied or cultivated February 22, 1819, by the claimant, or those under whom he holds. We are, therefore, of opinion that this claim ought laot to be confirmed, and in the abstract have classed it with claims of the ” fourth class.”—(See No. 256.)

  1.  Rees Perkins, of the parish of St. Landry, assignee of David Choat, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the right bank of the Quelqueshue river, about a mile above Blunt’s Ferry, and the same distance below fevers’ Ferry, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Burrell Franks, being duly sworn, says he has known the land since the year 1818, and that since that time to the present it has been constantly inhabited and cultivated by David Cheat; that about twenty-five acres were under fence and cultivation in corn, potatoes, &c., during the greater part of the time, and previous to February, 1819; that the land is situated as described in claimant’s notice.”

i

We are of opinion this claim ought to be confirmed; and in the abstract have classed it with claims of the “third class.”

  1. Rees Perkins, of the parish of St. Landry, assignee of John Gilchris, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral terri­tory, situated on the right bank of the west branch of the Quelqueshue river, at a pine bluff about three miles from the mouth of said branch, and containing six hundred and forty acres. The following testimony was taken before the board in support of this claim:

“Burrell Franks, being sworn, says he has known the land since the year 1818, and front that time to the present it has been constantly inhabited and cultivated by John Gilchris, (till about a year past, and by others under him ever since; that about thirteen acres have been cleared on said land, and culti­vated in corn, potatoes, &c., before and since the year 1818, and up to this time; is situated on a west branch of the Quelqueshue river, and on the right bank, about three miles from the mouth of the branch by water, and at a pine bluff.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

264 Drury Bunch, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of the river Quelqueshue, about ten miles above John Henderson’s, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“John Stewart, being duly sworn, says that he knows the land claimed by Drury Bunch in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by said Drury Bunch; by his living and growing corn, &ea thereon, on and previous to February 22, 1819.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

  1. James Barnett, of the parish of St. Landry, assignee of Joshua Johnson, filed his notice claim­ing, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of the Quelqueshue river, adjoining below to the claim of David Choat, and on which Mrs. Coleman now lives, containing six hundred and forty acres. The claim is sup­ported by the following testimony taken before the board:

“William Smith and Burrell Franks, being both duly sworn, say they know the land claimed by James Barnett in his foregoing notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Joshua Johnson, (under whom the claimant holds,) by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation, has been uninterruptedly continued by the claimant and those under whom he holds, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

  1. Hardy Coward, of the parish of St. Landry, assignee of William Isles, who purchased of Moses Ashworth, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west side of the river Quelqueshue, on the south bank of McKee’s bayou, and the same on which the claimant now lives, bounded below by the claim of Dempsey Isles, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Burrell Franks, being duly sworn, says he knows the land claimed by Hardy Coward in his forego­ing notice; that the same is lying and situate as is therein described; that said land was inhabited, occu­pied, and cultivated by Moses Ashworth, (who sold to William Isles,) by his living and growing corn, &c., thereon, in the year 1816; that said inhabitation, occupation, and cultivation, has been uninterruptedly continued since that time, by said Ashworth, and by William Isles, and the claimant holding under him, to the present day; and that the claimant’s improvement on the land claimed embraces about thirty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

  1. Michel Neil, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of the Bayou Quelqueshue, bounded above by Arsen le Blue, below by Jos. Clark, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“William Smith, being duly sworn, says he knows the land claimed by Michel Neil in his above notice; that the same is lying and situated as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present day; and that the claimant’s improvement on the land claimed embraces about twelve acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

  1. John Henderson, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of the river Quelqueshue, about one and a half mile below the claim of Martin Carmersac on the east side, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“William Smith, being duly sworn, says he knows the land claimed by John Henderson in his above notice; that the same is lying and situated as is therein described; that said tract was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that the said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present day; and that his improvements on the land embrace about 45 acres.

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

  1. Burrell Franks, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of Quelqueshue lake, at a place called Hackberry island, it being a small island surrounded by sea marsh, containing 640 acres. The claim is supported by the following testimony taken before the board:

“William V. Smith, being duly sworn, says he knows the land claimed by Burrell Franks in his above notice; that the same is lying and situated as is therein described; that the same was occupied and cultivated by the claimant, by his growing vegetables thereon, on and previous to February 22, 1819; that said occupation and cultivation has been uninterruptedly continued by the claimant since that period to the present day; and that his improvements on the land embrace about one quarter of an acre.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Jacob Ryan, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west

bank of the Bayou Quelqueshue, about six miles above the Little lake, and containing 640 acres. The claim is supporied by the following testimony taken before the board:

” Henry Moss, being duly sworn, says he knows the land claimed by Jacob Ryan in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, cotton, and potatoes, thereon, in the year 1817 though he commenced the improvement in 1816; that said inhabitation, occupation, and cultivation has been constantly continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces sixteen acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

271. Hiram Ours, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation and cultivation, a tract of land (through a chain of transfers from Jourdan Perkins) lying within the late neutral territory, situated on the west side of Bayou Quelqueshue, being on the north side of Bayou nude, about one mile and a half from its mouth, and at the first bluff, containing 640 acres. The claim is supported by the following testimony:

” Henry Moss and Isaac Ryan, being both duly sworn, say that they know the land claimed by Hiram Ours in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Jourdan Perkins, (under whom the claimant holds,) by his living and growing corn, &c., thereon, in the year 1818, or the year preceding; that the same has been constantly inhabited, occupied, and cultivated by the claimant, and by those under whom he holds, since that period to the present time, with the exception of the year 1820, when the place laid idle; and that the claimant’s improvement on the land claimed embraces about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

272. Henry Moss, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situate west of the Bayou Quelqueshue, on the waters of the Bayou d’Inde, about two miles below and south of the old Spanish trace to the Sabine, containing 640 acres. The claim is supported by the following testimony taken before the board:

“Isaac Ryan, being sworn, says that he knows the land claimed by Henry Moss in his above notice; that the same is lying and situate as is therein described; that said land was occupied and cultivated by the claimant, by his growing corn, &c., thereon, in the year 1818; that said cultivation and occupation has been uninterruptedly continued since that period to the present time; that the claimant, in conse­quence of the unsettled state of the country, did not actually live on the land until the year 1821, since which he has constantly inhabited the land claimed; and that his improvements may embrace about fifteen acres.”

The facts in this claim are similar to those in claim No. 23, and for the reasons therein given we are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

273. Jacob Ryan, of the parish of Natchitoches, (meaning St. Landry,) assignee of Joseph Cornow, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of the Bayou Quelqueshue, bounded above by the claimant, at a bluff about five miles above the Little lake, containing 640 acres. The claim is supported by the following testimony taken before the board:

“Henry Moss, being duly sworn, says he knows the land claimed by Jacob Ryan in his above notice; that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by Joseph Cornow, (under whom the claimant holds,) by his living and growing corn, &c., thereon, in the year 1818; that said inhabitation, occupation, and cultivation was continued constantly by said Cornow for about two or three years, or until he sold to the claimant; that afterwards one Nathaniel Clifton occupied, inhabited, and cultivated the land; and that the claimant’s improvements on the hind claimed embrace about six acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

274. George King and John B. Hamilton. of the parish of St. Landry, filed their notice claiming, by virtue of settlement and occupancy, a tract of land situated on the east branch of the Quelqueshue river, called Bayou Darbon, and on the west side thereof, located on a creek called Mill creek, bounded on all sides by vacant land, containing 640 acres. The claim is supported by the following testimony taken before the board:

“James Simmons, being duly sworn, deposeth and saith that be is well acquainted with the land of the aforesaid claimant; that it is situated on the west side of the eastern branch of the Quelqueshue river, called the Darbon, and on a small water-course called Mill creek, about a mile from the Darbon. that it was settled and cultivated by the claimants, and by them occupied from the fall of the year 1818 to the present time, in regular succession, to the extent of about twenty or twenty-five acres, in corn, potatoes, and the like.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

275. Joseph Clark, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of Bayou Quelqueshue, bounded above by Michel Neil, and below by Isaac Foster, containing 610 acres. The claim is supported by the following testimony taken before the board:

“William Smith, being duly sworn, says he knows the land claimed by Joseph Clark in his above notice; that the same is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, through William Isles, his agent or lessee, by his living and cultivating corn, &c., thereon, on and previous to February 22, 1819. Deponent does not know that said inhabitation, occupation, and cultivation, has been continued since that period, but knows that some of the fences are yet standing, together with peach trees; he supposes there are about twelve acres improved on the land claimed.”

This claim is similar to others before recommended, (see Nos. 100, 189,) therefore,

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Rees Perkins, of the parish of St. Landry, assignee of Philip P. Devers, filed his notice claiming,

by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral terri­tory, situated on the west bank of the Bayou Quelqueshue, at a place called Devers’ Ferry, about a mile above David Choat’s settlement, containing 640 acres. The claim is supported by the following testimony taken before the board:

“Burrell Franks, being duly sworn, says that he knows the land claimed by Rees Perkins in his above notice; that the same is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by Philip P. Devers, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultiva­tion has been constantly continued since that period by said Devers, and others by his permission, to the present time; and that the improvements on the land claimed embrace about ten acres.’

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. Isaac Foster, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of the Quelqueshue river, bounded below by Jacob E. Self, and above by Ogden, being the same on which the claimant now resides, containing 640 acres. The claim is supported by the following testimony taken before the board:

“William Smith, being duly sworn, says he knows the land claimed by Isaac Foster in his above notice; that the same is lying and situate as is therein described; that the same was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present day; and that his improvement on the land claimed embraces about twenty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. William Smith, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of the Bayou Quelqueshue, bounded above by Elias Blunt, and containing 640 acres. The.claim is sup­ported by the following testimony taken before the board:

“Burrell Franks, being duly sworn, says he knows the land claimed by William Smith in his above notice; that said land is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued by the claimant since that period to the present day; and that his improvement on the land claimed embraces about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. George Smith, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west side of the Bayou Quelqueshue, bounded by land of William Smith, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Burrell Franks, being duly sworn, says he knows the land claimed by George Smith in his above notice; that the same is lying and situate as is therein described; that the same was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been uninterruptedly continued since that period to the present day; and that the claimant’s improvements on the land claimed embrace about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

  1. George Orr, of the parish of St. Landry, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the west bank of the Bayou Quelqueshue, bounded above by the claim of Jacob E. Self, and below by vacant land, containing 640 acres. The claim is supported by the following testimony taken before the board:

“Burrell Franks, being duly sworn, says that be knows the land claimed by George Orr in his above notice• that the same is lying and situate as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued since that period until a few months since; and that the claimant’s improvements on the land claimed embrace about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

In closing this report we are under the necessity of remarking that it has been represented to us that the tract of land claimed by Henry Stoker, assignee of Alexander Calhoun, by virtue of occupancy, and recommended for confirmation under No. 42, embraces the same ground on which the United States military works and buildings at Cantonment Jesup now stand, and there may be other claims similarly situated. In order to guard, therefore, against conflicting interests, we would recommend, should Congress affirm our decisions, the insertion of a restrictive clause in the act.

All which is respectfully submitted by your most obedient servants,

VALENTINE KING, _Register. DAVID L. TODD, Receiver