THE AUSTIN PAPERS, 1491 penion untill there would be a desition in that [case] which has been had, and a few days since, they handed me there opinion in writing, a copy of which will give you more information on the Subject than any thing I can say which is as follows We have considered the proposetion submitted for our examina- tion with due deliberation. In whom the title of the l\Iine A Burton Tract of Land is, and whether the heirs of Austin could under any circumstances recover the property. vVe are not perfectly satisfyed, that the title to the Mine A Hurton tract of Land from the Spanish Government to Moses Austin was complete, But such Title as he had seems to have been disposed of either by the process of Law, or by his own consent. It appears that :Moses Austin stood actually Indebted to the bank of St Louis in a Large Sum of money, to secure the payment of which he mort- gaged a portion of the Mine A Burton tract of Land the Bank not satisfied to close the mortgage alone to secure the debt proceded on Austins Notes, obtained a Judgement issued execution and Sold the whole of M Austin's Interest to the wlwle of the Mine A Burton Tract the Bank of St Louis by there agent Become the purchasers, and a deed was executed by the Sheriff for the same, this deed to the Bank by the Sheriff though Incomplete for want of proper acknowledgment and Seal we think gave to the Bank an Equitable title to the property, which equitable title the Bank in circuitous manner pretended to convey to R H Price. It appears that this Jncomplete title acquired by the Bank under the Sheriffs deed was Subsequently Ratified by Moses Austin in his settlement with the Hank and whether this Ratifecation amounted to o. new deed or a new acknowledgement of the so.le under the Sheriff makes no dif- ference so far as the equitable Interest created in the Bank was concerned. If the amount of money for which the special tract of Land was Mortgaged for [was] paid Independent of the Geneml sale of the whole property, then the Heirs of Moses Austin would be entitled to the tract that was mortgaged, if the debt due by Austin to the Bank was satisfied it was done by the so.le of the :Mine A Burton Tract. If not satisfied the debt still exists against the Estate of Austin. It appears that Price for and in consideration of this property Released the Bank of St Loui-s from a. large debt due by the bank of St.Louis to the Ba.nk of Edwardsville and be- came liable to the Bank of Edwardsville for the debt due the Bank of Edwardsville from the Bnnk of St Louis, the whole of the pro- ceedings appear to have had much notoriety. Now if the heirs of Austin were to pursue and acquire that property they would appea.r to be in the situation of purchasers with notice of the Equitable title of the Bank of St Louis or of Price under the Bank, heirs can not inherit while their a.re debts due by the Estate and if the heirs
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