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Page:United States Reports, Volume 2.djvu/312

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3.26 Cases ruled and adjudged in the rygg. deed is radically defeétive and faulty; that fraud is apparent or! •’V¢ the face of it; and,patticularIy, that the fpeeification or defcrip- tion of the land is nritten on a razure. Of this, gentlemen, will judge, as the deed will be given to you for infpe€tion. {’°e:mit me to obferve, that there are {`everal ways, by which a deed may be voided or rendered of no elleft. One of thcfe is by razure, addition, interlining, or other alteration, in any ma- terial part, if done after its execution. It isthe province of the jury to determine, whether any fuch alteration was made after the delivery of the deed. Belides, this deed appears to have been executed at dinerent times; and not in that open, public, national manner, in which the Iruirlur: fell and transfer their lands. But if the deed was fairly obtained; if it has legal exilleuce, then what is its legal operation ? _ By the charter to W Mum Pena, the right of pre·emption at- tached, and was veiled in him, to all the lands comprehended within its limits. The Perm family had, exclulirely, the right cfpurchaling the landsofthe Indian; and,indeed, the Lrdiu: entered into a {lipnlation of that kind. j _ A `n, this deed isinvalid by thelaws ofPmnj}Iv¢mia. The Legiiftnrre of Pnuyjlwmia, by an a& palfed the yth Feb. ryog, declare; *•That if any perfon prefume tobuy any land of the natives, gotltindtzhe limits of this province tebrgitorics, with- out leave rn proprie ,evc 'n or ur- dlafc {hall be void and of gozhvhfk." (I P? 5.) By an aélpailed the 14th Feb. t72g-go, it is further decla- red; •• That every gift, grant, bargain, fale, written or verbal _— comraf.} or agreement, and every pretended conveyance, leafe, ‘ demife, and every other afurance made, or that {hall hereafter be made, with any of the Indiamnatives, for any lands, 8rc. within the limits of this province, without the order or dircflion of the proprietary or • is commillioners, {hall be null, void, and of no eE'e&." {1 .Perm.La•w.r. Dall. Ed. 248. ) ` The land in controverfy, being within the limits of Penqglvo- nic, the Caam:8icut fettlers were, inlegal ellimation, trefpalllzrs and intruders. They purchafed the land without leave, and entered upon it without right. They purchafed and entered upon the land without the con- Ientnf the Legillature of Corm¢L?iru:. True it is, that the Le- ’ gillature of Conneélkur gave a {ubfcquent approbation, but this was poll error to the deed executed by the Six Nation: to Perm, at fort Stanwix, and the principle of relation does not retrofpcét fo as to alice}. third perfonr. _ The confequence is, that the Cmrm7i¢ut. fettlcrt derive no title under tlw Indian deed. m . · 3