Petition of John McDonogh.

Petition of John McDonogh.

Published Date

  • ca. 1830

Geographic Term

  • Spanish West Florida.

Description

  • Petition of John McDonogh, residing in the Parish of Orleans, Louisiana, shows that numerous people are residing on petitioner's land in West Florida and are specified as defendants. Petition requests judgment favor the petitioner to ownership of specified tracts of land and that defendants pay damages of $2500.

Transcript

To the Honorable, the District Judge of the State of
Louisiana, holding sessions in and for the Parish of
in said State.
The Petition of John McDonogh residing in the Parish of Orleans in
the State of Louisiana, respectfully shows:
That on or about the 5th day of October, 1803, one Geronimo Lachiapella then a subject of the King of
Spain, addressed to the then Spanish Intendant Morales, praying to purchase one hundred and twenty
thousand arpents of land of the domain of Spain within West Florida-that upon the said petition an order
under date of the 7th day of October, 1803, was issued directed to the then Surveyor General of the Province
of West Florida, to lay out and survey the said land, which was accordingly done, by returns dated
January, 1804, and on the 28th day of March, 1804, a complete title by way of sale was duly executed by
the said Intendant Morales to the said Geronimo Lachiapella all of which will more fully appear by the
documents ready to be produced when and where the same may be required.

And your petitioner further shows, That on the 7th day of May, 1804, the said Geronimo Lachiapella, sold
to your petitioner and one Shepherd Brown, a partner of your petitioner, the quantity of Sixty Thousand
arpents, being one undivided half part of said 120,000 arpents of land, which will appear by act passed
before Peter Pedesclaux then a Notary Public in the City of New-Orleans.

And your petitioner further shows, That on the 11th day of December, 1805, your petitioner and his
partner the said Shepherd Brown, and the said Geronimo Lachiapella united and sold the said 120,000 arpents
to one William Donaldson, and on the 20th day of January, 1806, the said William Donaldson sold
the whole 120,000 arpents of land to your petitioner and his partner the said Shepherd Brown, all of which
will appear by the acts of sale.

And your petitioner further shows, That on the 5th March, 1806, your petitioner, Jno. McDonogh, and
his partner, Shepherd Brown, petitioned Don Thomas Esteuan, Commandant of the District of Amit, for
2700 arpents of land of the Spanish Government in the province of West Florida aforesaid, which quantity
was accordingly conveyed to them on the 6th day of March, 1806, as will appear by the documents to be
produced.

And your petitioner further shows, That on the 20th of January, 1804, there was conveyed to one
Philip Robinson, on his petition, dated District of Galveztown, on the said 20th January, 1804, by the said
Don Thomas Esteuan, Commandant of the same, the quantity of twenty one hundred arpents of land of
the domain of Spain, in the said province of West Florida, which said tract of 2,100 arpents was duly
conveyed by the said Philip Robinson to your petitioner and his partner, Shepherd Brown, on the 2d day
of November, by deed, before said commandant, all of which will appear from the documents to be produced
in due time.

And your petitioner further shows, That a grant of 1200 arpents of land of the domain of the Spanish
Government in the said province of West Florida, was duly made on the 18th February, 1788, by Estevan
Miro, Governor General of Louisiana, to one Domingo Assaretto, as will appear by the patent which will
be produced, which said tract was duly purchased by your petitioner and his partner, Shepherd Brown, as
follows, viz: 900 arpents at a Sheriff's sale for taxes due the State of Louisiana, as per deed of said Sheriff,
dated 10th October, 1815, and 300 arpents being the balance of said tract from one David Kemp, as per
deed dated 12th January, 1816, he the said David Kemp having purchased at Sheriff's sale of the same (for
taxes due the State of Louisiana) on the 6th day of April, 1814, all of which will appear from the several
documents and deeds ready to be produced.

And your petitioner further shows, That the whole of the foregoing tracts of land amounting in all to
the quantity of 120,000 arpents, are now the property of your petitioner, he your petitioner being the owner
as having acquired one half while the partner of the said Shepherd Brown, and the balance by purchases in
the years 1823, 1824, 1825, 1826 and 1827, from the legatees of the said Shepherd Brown long since deceased,
as per acts of sale before Carlisle Pollock and Michel d'Armas, Notaries Public in New-Orleans, at the
time of said sales respectively, and which will be produced.

And your petitioner further shows, That 94,500 arpents of the sale of 120,000 arpents made to Gironimo
Lachiapella as aforesaid, and the following tracts, viz: the tract of 2700 arpents conveyed to John McDonogh
and Shepherd Brown as aforesaid-the tract of 2100 arpents conveyed to Philip Robinson as aforesaid
-and the tract of 1200 arpents conveyed to Domingo Assaretoo as aforesaid-making together 100,500
arpents, all lie in one body, beginning at the entrance of the river Amit into Lake Maurepas, thence along
said river as a western boundary until it strikes the line of land sold to Don George W. Morgan, thence
along the line of said Morgan to a creek called Hog Branch, thence along said Hog Branch to the river
Tickfaw, thence down said Tickfaw to its entrance into Lake Maurepas, and thence along said Lake Maurepas
to the mouth of the Amit river-all within the now Parish of St. Helena, in the State of Louisiana.
And your petitioner further showes, That 12,900 arpents of the said 120,000 arpents sold to Geronimo
Lachipella, is situated also in said Parish of St. Helena, on the Amit river, having said Amit for its western
boundary, beginning at the line of a tract sold by said Spanish Government to Don Thomas Urquhart, which
bounds it below, and running along said line N. 81, 30, E. 1933 perches, thence N. 8, 30, W. 933 1-3
perches, thence on a parallel line 1000 perches, until it strikes the river Amit, and thence down said river
to the beginning.

And your petitioner further shows, That another portion of said sale of 120,000 arpents to Geronimo
Lachiapella, to-wit; the quantity of 8840 arpents is situated on Pearl River in the Parish of [blank]
[blank] in said State of Louisiana, having said Pearl River for its eastern boundary, and commencing
on the same about [blank] miles from its mouth, thence running S. 81, 30, W. 566 2-3 perches,
thence at a right angle to the said last mentioned line about [blank] perches, thence east with a line
parallel to the first mentioned line 966 perches, until it strikes Pearl River, thence down said river to the
place of beginning, bounded at the time of survey, on all sides, by vacant land.
And your petitioner further shows, That on the 24th of October, 1803, Messrs. Lewis and Alexander,
Declouets petitioned the Spanish Intendant Morales, praying to be sold, 49,980 arpents of land, of
the domain of the Spanish King, in West Florida; that in November and December, 1803, the same
were surveyed; and early in the year of 1804, a complete title, by way of sale, was made; that on the said
24th October, 1803, the said Lewis and Alexander Declouets, also petitioned for a further quantity of
40,000 arpents, of land of the said domain of the Spanish King, situate in West Florida as aforesaid: that
the same was duly surveyed, and plats made, as of all other tracts set forth in this petition; and the final
and complete title, by way of sale, was made by the Spanish Intendant Morales, early in the year 1804, all
of which will appear from the documents ready to be produced, when and where required. The said two
tracts, last above mentioned, were duly conveyed for a valuable consideration, by the said Lewis and Alexander
Declouets, to your petitioner, by deed, dated 6th March, 1806, ready to be produced. The first of
the two last mentioned tracts, viz. the tract for 49,980 arpents, is situated in the parish of [blank]
in the now state of Louisiana, commencing on the Bogue Chitto, a short distance above where the Beaver
Creek enters into the said Bogue Chitto, thence running up the said Bogue Chitto, having the same as its
western boundary, until it reaches the line of demarcation, in latitude 31 degrees North, thence along said
line of demarcation, East 1778 perches, thence South 3500 perches, thence West to the place of beginning,
on the said Bogue Chitto, including the said quantity of 49, 980 arpents of land. The other tract of 40,000
arpents, sold to the said Lewis and Alexander Declouets, is situated in the parish of St. Helena, in the
state of Louisiana, on the river Tanchipao, being on the West side of the same, and beginning at the 31
degrees North Latitude, on said river Tanchipao, thence running West 1407 1/4 perches, thence South 1960
perches, thence East 607 1/4 perches, thence South 3080 perches, thence East 400 perches to the river
Tanchipoa, thence up said river to the place of beginning, at the said 31 degrees North Latitude; all of
which allegations will more fully appear by the documents and plats of survey, which will be produced when
and where required.

And your petitioner avers, That he is the true and lawful owner and proprietor of said several tracts
of land as alleged, and under the titles set forth, and that he has duly filled his claims to the same, before the
Commissioners, West of Pearl river, under the Acts of the Congress of the United States; yet, nevertheless,

George Willis, James Willis, Vincent Severique, Jane Brignae,
Alexander Brignae, Antoine Aidell, Lewis Brignae, Avery Breed,
Mathew Brignae, John B. Geutreau, and other heirs of Paul Geutreau, John
L. Piou, Christopher Nordou, John B. Orey, Gregory Brown, John B.
Vickner, Joseph Hear, Heirs of Repshaw, do. do. William Dunham, John
Dunham, Dunham's Heirs, Joseph Thomas, Joseph Davidson, and other Heirs of
Thomas Davidson, deceased, Wiliam L. Breed, Reuben Dunham, Garton
Rowell, Nathaniel Cobb, Jacob Smith, Heirs of Bookter, Aaron Wert,
Franklin P. Davis, John Fridge, Uriah Vining, Anthony Hernandez,
Robert-Hart and others, Heirs of Robert, dec'd Antonio Harnandez, Stephen
Ruffman, James Parker, Edmond Simms, John Siberio, William Lagan, James
Ibert, John Carter, Abner Glover, Samuel H. Harper, William Dennis
Kindred Williams, James Parker, Elihu Hooper, and others, Heirs of Jesse Hooper,
deceased, Samuel Carter, Henry Cutrier, John Morrow, Guyoro Kearney,
John M'Lendon, John Roberts, John Tate, Robert Yarrow, John Amacher,
Charles Tate, Jacob Ott, Elias Holly, Charles Hughes, Moses Newsom,
Rhoda Singleton, Jesse Hooper, Reny Lee, Ephraim Smith, James Sibley,
John Johnston, James Sullivan, Thomas Courtney, Wm. Shettack, Thomas
C. Warner, Daniel Vernon, Robert Kirkland, Wm. McMichael, Elijah Self,
Joseph Jonston.

residing in the parish of St. Helena, in said state of Louisiana, are now on, and hold possession each, of a
portion of land before described, as being within the limits of said parish of St. Helena; that, [blank]

residing in the parish of St. Tammany, of said state, are now on, and hold possession of a portion of said
land described as being in said parish; that, [blank]

residing in the parish of Washington, in said state, are now on, and hold possession each, of a portion of
said land described, as being in the said parish; that each and every one of said several persons have been
amicably demanded to give your petitioner possession of this said land; but they refuse so to do to the damage
of $2500 done by each and every one of said persons to your petitioner. Wherefore your petitioner
prays that each and every one of said persons, in said Parishes, be made defendants herein, and to appear
and answer at the legal places in said Parishes respectively, and after due proceedings had, that your petitioner
may have judgments for said tracts of land as set forth in this petition-- that each and every one of
said persons may be condemned to pay your petitioner his said damage of $2500, which they each and every
one individually owe to him--that your petitioner may be put in peaceably possession of said tracts of land
and every portion there; and that said persons, each and every one, be condemned to pay to your petitioner
the rents, fruits and profits justly due, or to become due, on said several tracts of land, together with interest
and costs, and for all and further relief, which the justice and equity of his case shall require, &c. &c.

Signed, John M'Donogh.
Signed, T.F. M'Caleb,
Attorney for Petitioner.