United States v. Fernandez
35 U.S. 303 (1836)

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U.S. Supreme Court

United States v. Fernandez, 35 U.S. 10 Pet. 303 303 (1836)

United States v. Fernandez

35 U.S. (10 Pet.) 303

Syllabus

A grant of land in Florida within the Indian boundary, by the governor acting under the Crown of Spain before the cession of Florida to the United States, was confirmed to the grantee, by the decree of the judge of the Eastern District of Florida. The decree was affirmed on appeal.

The subject of grants of land within the Indian boundary, which had not by any official act been declared a part of the royal domain, was fully and ably considered in the case of Johnson v. McIntosh, 8 Wheat. 543, 5 Cond. 515. Every European government claimed and exercised the right of granting lands while in the occupation of the Indians.

The grants of land in the possession of the Indians by the Governor of Florida under the Crown of Spain, were good to pass the right of the Crown. The grants severed them from the royal domain, so that they became private property, which was not ceded to the United States by the treaty with Spain.

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