The city of Detroit, Michigan, 1701-1922; / Clarence M. Burton, editor-in-chief, William Stocking, associate editor, Gordon K. Miller, associated editor. [Vol. 2]

1296

CITY OF DETROIT

"Detroit, October 2, 1829.
"Sir:
"Your letter of the 8th July, last, I have received, and I thank you for the
trouble that you have taken. In your letter you stated that Malcher being
dead, no valid patent can be issued in his favour, but if I desire it, a patent can,
upon the papers now in the General Land Office, be granted in favour of his
legal representatives, leaving it to the courts in this quarter to decide upon the
titles of the several claimants.
"I will now take the liberty to state to you my reason for requesting in my
former letter that the patent might (if possible) issue subject to Malcher's
mortgage in favour of St. Bernard, Senior.
"When Malcher made the entry for the land in question before the Commissioners at Detroit, there was no opposition made to the entry, in order merely
to subject the land to the payment of the mortgage that was then in existence,
because St. Bernard was then dead (having died suddenly) and leaving no
executor to his estate, and his only son, the sole heir, was then a child of two'
or three years of age, and an orphan who had no friends or relations sufficiently
enlightened to interest themselves in his behalf, therefore Malcher's claim was
confirmed unencumbered with the mortgage.
"It will be hard for young St. Bernard to be deprived of his claim and be
accountable to me for what I have paid him on said claim, therefore in order
that young St. Bernard might with the more facility obtain his claim, I have
the liberty to suggest (that if it can be done with propriety, excuse this remark
as I am ignorant of the powers with which you are vested, or the customs or
forms adopted in the General Land Office) that at least the patent might possibly issue in favour of the legal representatives of Francois Paul Malcher
(deceased) and subject to all legal demands against his estate. And if this
cannot be done, please forward me the patent in favour of his legal representatives-without such subjection.
"I have the Honour to be with Respect,
"Your most Obedient and Very Humble Servant,
"Joseph Campau.
"George Graham, Esquire, Commissioner of the General Land Office,
Washington."
The deed, a copy of which is in Washington, has this endorsement:
"I certify that Francois Paul Malcher, the above grantor, died on the sixteenth of October last.
"Detroit, 23rd, January, 1811.
"Peter Audrain."
The patent, or conveyance from the government, was issued to "the legal
representatives of Francois Paul Malcher and to their heirs."
This conveyance is recorded in liber 181 of deeds, on page 543. The legal
effect of the conveyance has never been called in question in any judicial proceedings and it has been universally conceded that the title passed by the deed
from Malcher to the five trustees above named. There is no condition in the
patent making the property subject to the rights of St. Bernard or to the terms
of the deed made to the trustees.
The attention of the inhabitants of the cote du nord Est was now attracted
to the farm and each person claimed an interest in it. At first many deeds
were made to Campau.