Page:United States v. Samperyac.pdf/4

Rh  Rh   establish this tract, on the ten arpens of land requested, by the usual depth, and will mention the bounds, in order that they may appear at the time that the boundaries have to be deﬁned, for the purpose of making a title in form.

Process having been executed on Samuel C. Roane, district attorney, on the 24th of November, 1827, he filed an answer in behalf of the United States, denying the facts and allegations in the bill, and alleging that grants could only be made legally to persons actually residing in the Province of  Louisiana; that Samperyac, in whose name the bill was filed, was a ﬁctitious person without actual existence; or that if he ever existed he was a foreigner, or then dead, and made no transfer, or assignment, of the claim in his lifetime; that he had no legal representative in existence; that there was no one now living, who was authorized to ﬁle this bill or prosecute this suit, and prayed that the bill might be dismissed. On the 19th of December, 1827, the district attorney moved to continue the cause until the next term, principally on the ground that there were many cases pending in the court, similar in all respects, and involving the same principles, and with regard to which the United States desired to procure evidence if any existed. The court denied the motion, and the district attorney excepted, and the court signed and sealed his bill of exceptions.

The testimony in behalf of the complainants was the exhibits to the bill already referred to, and the deposition of John Hebrard, of the parish of Ouchita and State of Louisiana, taken in open court on the 19th of December, 1827. He testiﬁed that he was about seventy-one years old; that he was alcalde in the Province of Louisiana, under the Spanish government, from 1789 to 1791, under the appointment of Miro, governor of said province; that he was commandant in Catahoola from 1797, under the appointment of Manuel Gayoso de Lemos, governor of said province, until the country was transferred to the United States; that he was often in the executive oﬁices of those governors during their administration; had often seen them write, and from his official situation had occasion for a continued correspondence with each of them during the times they were