Title: Amos T. Akerman to John D. Pope, 15 November 1871
Date: November 15, 1871
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.02164
Contributors to digital file: Elizabeth Lorang, John Schwaninger, Anthony Dreesen, and Melanie Krupa
Nov. 15, 1871.
John D. Pope, Esq.
U. S. Attorney,
I return herewith the copy deed from Long, Clayton, and Tutnall to Tutnall, dated November 15, 1794, transmitted by you in your letter of May 11, 1871. I took it to Georgia, in September, with other papers, intending to have a personal conference with you on the subject; but you were engaged in Court when I visited Atlanta, and could not then attend to the matter. Can you not prove search for the original by deposition? If the proof is made sufficient to admit the deed, and identify the land, does not this deed, (or rather copy,) of itself show title out of the State to preclude the grant to Williams? Have you found an Act of the Legislature ceding jurisdiction, as I suggested in my letter of April 5th? I feel confident from the nature of the case that there is one.—
This will so bar the State that it could not make a valid grant to Williams.
I have inquired at the Navy Department for information in regard to the possession, and will communicate it to you as soon as it is received. There are objections to sending original deeds or other papers from the Departments. Can you not get along with a certified copy, under the Act of 1849, 9 Stat. 397. 1 Bright. Dig. 267?
Possibly a continuance may be necessary for the preparation.
I am not sure but that the Government ought to eject Williams by military force; but such measures are to be avoided, if possible.
Very respectfully, &c.
A. T. Akerman,
P. S. Look at the Act of March 3, 1807, 2 Statutes, 445.
question of certain deed & title