UNITED STATES SUPREME COURT DECISIONS ON-LINE

Before 1813, Mackay had a claim to land in Missouri under a Spanish grant, and in that year gave a bond in the nature of a mortgage on a part of the land to Delassus.

In 1836, Congress confirmed the claim to James Macky or his legal representatives. This enured to the benefit of the claimants under the mortgage, rather than to the heirs of Mackay.

An imperfect Spanish title claimed by virtue of a concession was, by the laws of Missouri, subject to sale and assignment, and of course subject to be mortgaged for a debt.

This case was brought up from the Supreme Court of Missouri by a writ of error issued under the 25th section of the Judiciary Act.

The record was very voluminous, as it traced the title to land for a number of years. It is not necessary to follow this. clubjuris

Page 65 U. S. 363

Mackay was the holder of a grant of land from Spain for 30,000 arpents, prior to 1819. In that year he gave a bond, by way of mortgage, in which he promised to convey fourteen-thirtieths of the land to Delassus, who assigned his interest in it to Leduc. In 1822, Mackay died, leaving a widow and eight children. In 1836, Congress confirmed the claim to Mackay or his legal representatives. In 1842, Leduc died, devising all his property to Hypolite Papin. Afterwards, in the same year, Papin died, devising all his property to his children equally. In 1854, Joseph L. Papin, one of the children, and the defendant in error, foreclosed the mortgage against the heirs and administrators of Delassus. It was sold, and Papin became the purchaser of fourteen-thirtieths of the 30,000 arpents. Papin then claimed a partition, which was resisted by Massey and others, who claimed under the heirs of Mackay. The Supreme court of Missouri decided in favor of Papin, and the case was brought up to this Court, where it was argued by Mr. Blair for the plaintiffs in error, and Mr. Glover for the defendant.