Slidell v. Grandjean

Citations

• 111 U.S. 412
• 4 S. Ct. 475
• 28 L. Ed. 321
• 1883 U.S. LEXIS 1073

Syllabus

<p>Public Land — JSoumas Grant — Spanish Custom — Construction of Statutes.</p> <p>In an order by a Spanish governor of Louisiana recognizing an Indian grant and directing the issue of “a complete title,” these words, as translated, refer to the instruments which constitute the evidence of title, and not to the estate or interest conveyed.</p> <p>It was a usage of the Spanish government, in granting lands on the river, to reserve lands in the rear of the grants to the depth of forty arpents, the grantee of the river front having the preference right to purchase the reservation.</p> <p>Usages an' customs respecting the alienation of lands prevailing in Louisiana previous to its acquisition by the United States have, to a great extent, the efficacy of law, and are to be respected in considering the rights of grantees of the former government.</p> <p>When established, such usages and customs control the construction and qualify and limit the force of positive enactments.</p> <p>The original Houmas .grant in Louisiana from the Indians, on the 5th of October, 1774, had a defined length on the river Mississippi, and designated coterminous proprietors to the north and to the south, but no depth to the grant was named. The Spanish governor executed a formal grant of the tract, describing it as of the common depth of forty arpents. Two years later, on the petition of the grantee, the governor directed his adjutant to give the petitioner the land which might be vacant after forty arpents in depth. This was done by a survey running the northern and southern boundaries on courses from the Mississippi for forty arpents and for two arpents additional; Held, That, in view of the Spanish usages, and of the action of the Spanish authorities, and of the action of Congress and of United States officials, all of which are referred to, the concession extended in the designated courses to the depth of eighty arpents from the river.</p> <p>In case of doubt, a legislative grant should alwa