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.
MR. CHIEF JUSTICE MARSHALL delivered the opinion of the
Court.
On 15 September, 1817, Antonio Huertas, an inhabitant of East
Florida, petitioned the governor of that province for fifteen
thousand acres of land, on which the following decree was made.
"In attention to what this petitioner represents, and
whereas
Page 34 U. S. 172
the services he mentions are well known, I grant to him, in the
name of His Majesty and of his royal justice, which I administer,
the fifteen thousand acres of land which he solicits, in order that
he may possess and enjoy them in absolute ownership, and in
testimony,"
&c.
The land solicited is described in the petition as lying on a
stream running west of St. John's River and emptying itself into it
at the distance of about twelve miles south of the Lake George, and
the survey to begin at about four or five miles west of the River
St. John, so that the said stream will divide the tract into two
parts.
In December, 1820, an order was obtained for surveying the land
in four tracts, one of two thousand five hundred acres, another of
one thousand five hundred, a third of six hundred, and the fourth
of ten thousand four hundred acres. These surveys were executed in
April, 1821, and full titles granted in the same month.
These several tracts adjoin each other, and appear to lie on the
stream required in the petition and directed by the decree. But the
certificate of the surveyor omits to state that the land lies four
or five miles west of the River St. John.
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 in the place described in the petition.
The district court decided that the claim was valid, and
confirmed it to the claimant
"to the extent, and agreeable to the boundaries, as in the
grants for the said land, and the plats for the four surveys
thereof made, by Don Andrew Burgevin, and dated 5 April, 1821, and
filed herein, as set forth."
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. Those surveys do not appear to this Court to conform
to the concession made in 1817, under which alone the petitioner
can claim. The decree of the district court is
Affirmed so far as it declares the claim of the petitioner
to be valid, and is reversed so far as it confirms his title to
the
Page 34 U. S.
173
lands described in the several plats of surveys referred to
in the decree. And the cause is remanded to the district court with
directions to cause a survey to be made of the lands contained in
the said concession, according to the terms thereof, and to decree
the same to the claimant, so far as he has retained his title
thereto.