United States v. Huertas
34 U.S. 171 (1835)

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U.S. Supreme Court

United States v. Huertas, 34 U.S. 9 Pet. 171 171 (1835)

United States v. Huertas

34 U.S. (9 Pet.) 171

Syllabus

On 15 September, 1817, the appellee, on his petition to the Governor of East Florida for a grant of land for fifteen thousand acres, for services performed by him, obtained a decree of the governor for the same. The land is described in the petition particularly, and its location designated. In December, 1820, an order of survey was obtained for the lands, and they were surveyed. The certificate of survey omits to state that the lands lie at the place described in the petition. The surveys were executed in April, 1821, and full titles to the land were granted in the same month.

By the Court:

"The order of survey, and the full title granted for the land surveyed, could convey nothing not comprehended in the decree of 15 September, 1817. That decree was for fifteen thousand acres of land, lying at the place described in the petition."

The district court decided that the claim was valid and confirmed it according to the surveys.

By the court:

"This Court concurs with the district court so far as respects the validity of the claim, but disapproves of that part of it which confirms the title to the lands described in the surveys made in April, 1821. These surveys do not appear to conform to the concession under which alone the petitioner can claim."

The decree of the district court was affirmed so far as it declared the claim of the petitioner was valid, and reversed so far as it confirmed the title to the land in the surveys. The cause was remanded to the district court, with directions to cause a survey to be made of the lands contained in the concession, according to its terms, and to decree the same to the claimant.

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