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The cause was argued at the August term, 1840, by Martin, for plaintiff in error, and Wells, for the defendants in error.

Martin, in support of the plaintiff's right to recover, contended, 1. Robert and Peter B. Grignon are the legal heirs of Pierre Grignon, deceased.-See 3 Stark. 1100; 1 Esp. Rep. 211, 355; 4 Burr. 2057; Doug. 171; 1 Black. Com. 440 (note 31;) Ad. on Eject. 254; Cowp. 591; 3 Term Rep. 707, 723; 2 Kent 75; 4 John. Rep. 54; 8 Id. 129; 5 Day's Cases 290; 1 Tay. 121; 1 Har. and McH. 152; 2 Hayw'd 3; 2 Nott & McC. 114; 3 Kentucky 369.

2. The patent of the U. S. dated Dec. 21, 1829, to Pierre Grignon and his heirs, inured to the benefit of the heirs and those claiming under them.-See 4 Pet. 345; 6 Id. 261; 12 Id. 298; Act of Congress, May 20, 1836.

3. The claim of Pierre Grignon was a mere personal right, dependant on the favor of the government, and gave him, at most, an equity. The donation imposed no obligation on the donor.See 2 John. Rep. 52; 3 Black. Com. 441; 2 Str. Rep. 955.

4. This claim, being but an equity, was not subject to sale by the administrator to pay debts.-See 5 Mass. Rep. 240; 3 John Ch. Rep. 156; 1 Id. 52; 17 John. Rep. 351; 4 Id. 41; 3 Call 277; 7 Wheat. 6; 1 Ohio Rep. 144.

5. There is no evidence of an order of sale having been made. See 7 Cr. 408, 412; 2 Stark. 473, 151; 2 D. & R. 237; 2 B. & C. 45; 2 Ma. 606; 1 Tenn. Rep. 94; 5 Ohio Rep. 447; 1 Esp. Rep. 44; 1 W. Black. 664; 1 Salk. 329; 1 Raym'd 243; 11 East 441; Stark. Ev. title Record.

6. Admitting the minutes offered in this case as evidence, and that the land was real estate subject to debts, still the proceedings of the county court are a nullity. See 2 Wil. 382; 6 Mod. 224; 9 Id. 95; Hawk. 94; 4 Burr. 2244, 2281; 1 Id. 148; 1 Esp. Rep. 178; Cowp. 26, 29; Plowd. 390; 3 Co. Inst. 231; 12 Mod. 355; 1 Lev. 160; 2 Black. Rep. 1145; S Tenn. Rep. 424; 7 T. R. 359; 11 John. Rep. 175; 15 Id. 244; 3 Cr. 331; Ib. 337; 5 Id. 173; Ib. 184; 19 John. Rep. 39; 1 Litt. 118; 2 Dana 270; 3 Mar. 62; 2 Leigh 719; Peters' Cir. Ct. Rep. 36; 2 Cr. 97; Ib. 128; 1 Pe

ters 340; 2 Id. 169. 10 Co. 76; 16 Mass. Rep. 180; 5 Pick. 145; 2 T. R. 644; 2 Mod. 308; 5 Mass. Rep. 242.

7. Nor do the proceedings furnish sufficient evidence that the county court intended to include the estate claimed in this suit. See Dy. 208; Carth. 453; 1 Barn. and Ald. 40.

8. The sale of the administrator was void for want of notice. See 3 Mass. Rep. 399; 10 Id. 105; 11 Id. 227; 7 Id. 488; 4 Bin. 104; 6 Id. 483; 5 Pick. 144; 1 Ohio Rep. 473; 4 Wheat. 77–79.

9. The deed of the administrator conveys no title subsequently acquired. See 1. Salk. 237; Powel on Dev. 191; Doug, 718 (note;) 1 T. R. 435; 6 Mass. Rep. 149; 8 Id. 162; Ib. 201.*

The court took the cause under advisement, and at the July term, 1841, chief justice Dunn delivered the opinion of the judges as follows:†

This cause is brought up on writ of error to decisions of the district court of Brown county, at October term, 1839.,

By an act of congress entitled "An act to continue in force certain acts for the adjustment of land claims in the territory of Michigan," approved Feb. 21, 1823, claims to certain lands therein referred to were confirmed. The acts referred to are, an act of congress entitled "An act regulating the grants of land in the territory of Michigan," approved March 3, 1807; an act approved April 23, 1812, entitled "An act to authorize the granting of patents to land according to the surveys that have been made, and to grant donation rights to certain claimants of land in the district of Detroit," &c. Also, an act entitled "An act to revive the powers of the commissioners for ascertaining and deciding on claims to land in the district of Detroit, and for settling the claims to land at Green Bay and Prairie du Chien, in the territory of Michigan," approved May 11, 1820. Land was granted under these acts to every person or persons in the actual possession, occupancy and improvement of the same in his, her or their own right, &c. By

*The reporter has not been furnished with the points made and authorities cited before the court by the counsel for the defendants.-REP.

†That portion of the opinion which gives a statement and history of the case, as far as the statement of the questions to be decided by this court, was prepared by judge Miller, who tried the cause below.-REP.

the third section of the said act of congress, approved Feb. 21, 1823, the land, of which the lot in question is a part, was confirmed to the said Pierre Grignon, as appears by the recital in the patent. Said third section is as follows: "That patents shall and they are hereby directed to be issued, in the mode pointed out by law in other cases, to persons whose claims to land, town or village lots, have been regularly filed with the commissioners appointed by an act entitled 'An act to revive the powers of the commissioners for ascertaining and deciding on claims to land in the district of Detroit, and for settling the claims to land at Green Bay and Prairie du chien, in the territory of Michigan, passed on the eleventh day of May, one thousand eight hundred and twenty,' and whose claims are contained in the report transmitted to the secretary of the treasury, and which have been reported favorably on by said commissioners; and such persons are hereby confirmed in their claims," &c.

Pierre Grignon died the fourth day of March, 1823; Robert Grignon, one of the plaintiffs, was at that time about twenty years of age, and Peter B. Grignon, another of the plaintiffs, was about eighteen years of age. They claim the premises in dispute as sons and heirs at law of said Pierre Grignon, and also, by virtue of deeds of assignment and conveyance from sundry brothers and sisters of said Pierre. Morgan L. Martin, the other plaintiff, claims an undivided interest in the same by virtue of a deed from said Robert and Peter. A patent from the United States to Pierrè Grignon, dated Dec. 21, 1829, for the tract of land, of which this is a part, referring to the aforesaid act of confirmation, was read by said plaintiffs. In addition to this, much evidence on the subject of the marriage of said Pierre and the legitimacy of his children, the said plaintiffs, was given, which is not necessary to be noticed at this time.

The defendants gave in evidence the record of letters of administration on the estate of said Pierre Grignon, deceased, granted by John Law, judge of probate, to Paul Grignon, on the 21st day of June, 1824; and also the record of the official bond given by said administrator, approved and filed by said judge of probate on the same day.

The defendants then offered in evidence the following, contained in a book purporting to be minutes of the proceedings of the county court of Brown county. Mr. Childs, the clerk of the district court, having been examined thereto, stated, that he received this book purporting to be the records of the county court of Brown county. The said county court having been abolished, and the records and papers of said court passed into the hands of the clerk of the district court of said county.

"At a session of the county court for the county of Brown, begun and held at the township of Green Bay, in the school house, on Tuesday, the tenth day of January, one thousand eight hundred and twenty-six; present, the Hon. James Porlier, chief, and John Law, esq. associate justice. The court was opened by Geo: Johnston, sheriff.

"The petition of Paul Grignon, administrator of the estate of Pierre Grignon, late of the county of Brown, deceased, was filed by his attorney, H. S. Baird, praying for an order from the court to authorize him to dispose of the real estate of said Pierre. In consideration of the facts alleged in said petition, and for divers other good and sufficient reasons, it is ordered that he be empowered as aforesaid. Minutes read, corrected and signed, by order of the court.

"ROBERT IRWIN, Jr. Clerk."

The reading of which in evidence was objected to by plaintiffs, and admitted by the court.

The defendants next offered in evidence a bond and oath of said administrator, to make sale of said real estate according to the statute, dated and filed with the judge of probate, April 20, 1826; which was also objected to by plaintiffs, and admitted by the

court.

The defendants next offered, and were allowed to prove by H. S. Baird, esq. (plaintiffs objecting thereto,) that a notice of sale of said premises by said administrator, was contained in a newspaper called the "Michigan Herald," in seven weekly numbers, commencing on the sixteenth day of March, 1826, and ending on the twenty-sixth day of April, in the same year, and a copy of said newspaper for each week containing said notice, was pro

duced and read. Witness was further allowed to state as follows: "I cannot state that I put up any notices of sale; but that I drew the notices, I am positive. I think I drew five copies of the notice which has been read from the newspaper. I cannot say they were put up in the township. There was at that time but one township in the county."

John P. Arndt, esq. another witness, testified that he saw a notice of sale of lands of Pierre Grignon, deceased, posted up in the township, and thinks it was at his house at Green Bay, in the fore part of the year 1826. All of which was objected to by plaintiffs.

The defendants next offered in evidence, a license issued by the clerk of the county court of Brown county, under the seal of said court, directed to Paul Grignon, administrator of the estate of said Pierre Grignon deceased, for the sale of said lands, issued in pursuance of said order of the county court, held on the tenth day of January, 1826, before the aforesaid judges, and reciting that Paul Grignon, administrator of all and singular, the goods and chattels, rights and credits, lands and tenements of Pierre Grignon deceased, represents to the court, &c. that the said Pierre died intestate, at Green Bay, in the county of Brown, on the fourth day of March, 1823, that at the time of his death, the said Pierre was siezed in his demesne as of fee in and to the following tracts or lots of land at Green Bay aforesaid, to wit: Lot number three, on the east side of Fox river, bounded north by land claimed by the estate of Domitille Languivin, south by Augustine Grignon, and 4 1-2 arpents in front, and eighty arpents rear, (containing the land in dispute, together with other lands therein described.) And that it had been ascertained by said petitioner, that the goods and chattels belonging to the estate of said deceased, are insufficient to pay all the just debts which he owed at the time of his death, but that the estate will be insolvent, and therefore prays leave may be granted him to dispose of the tracts and lots of land aforesaid. Now, therefore, for the cause aforesaid, and for divers other good and sufficient reasons, the court thereunto moving, they do hereby authorize and empower the said administrator to dispose of all the right, title, and interest of the deceased in and to the above described tracts and

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