United States v. Seton/Opinion of the Court

by Henry Baldwin

United States Supreme Court

35 U.S. 309

United States  v.  Seton

This is an appeal from the decree of the judge of the superior court for the eastern district of Florida; confirming the claim of the appellee to sixteen thousand acres of land, pursuant to the acts of congress for the adjustment of land claims in Florida.

In the court below the petition was in due form as prescribed by law, presenting a proper case for the exercise of jurisdiction by the court.

The claim of the petitioner was founded on his application to the governor of East Florida for a grant of sixteen thousand acres of land, for the purpose of erecting a water saw-mill thereon and the supply of timber therefor; which was granted by the governor, in consideration of the benefits which would thereby redound to the province. The grant was made the 16th of May 1816, but with the precise condition, 'that until he shall establish said mill, this concession shall be considered as not made, and without any value or effect until that event takes place.' The mill was built in 1817, pursuant to this condition, and in due performance thereof. On the 16th of May 1816, a survey of five hundred and twenty acres was made at the place called for by the petition and grant; another survey of the residue of sixteen thousand acres was surveyed at another place on the 16th of November 1816; the first survey was declared valid by the court below, the second was rejected. The claim was adjudged valid, and the survey of the residue of the land directed to be made at the place called for in the grant. On an inspection of the whole record, we are of opinion that the title of the petitioner is valid to the five hundred and twenty acres surveyed at the place called for by the grant, and not valid as to the survey of fifteen thousand six hundred and thirty acres; but that his title is valid to fifteen thousand four hundred and eighty acres of vacant land which he has a right to have surveyed, adjoining the said survey of five hundred and twenty acres, according to the decree of the court below. Their decree is, therefore, affirmed.

This cause came on to be heard on the transcript of the record from the superior court for the district of East Florida, and was argued by counsel; on consideration whereof, it is ordered, adjudged and decreed by this court, that the decree of the said superior court for the district of East Florida in this cause be, and the same is hereby affirmed.

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