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United States, Appellants v. Charles F. Sibbald, Appellee, The U.S. 313 (1836)

handle is hein.slavery/ussccases0102 and id is 1 raw text is: JANUARY TERM 1836. THE UNITED STATES, APPELLANTS V. CHARLES F. SIBBALD, AP- PELLEE. A petition was presented to the governor of Florida, before the cession of the terri- tory to the United States, setting forth that the petitioner was desirous of erecting machinery for sawing timber, &c., and asking permigsi6n for thaipurpose, with the corresponding survey of the grant of land of five miles square, sixteen thou- sand acres, or its equivalent, in the event that this situation will not permit the 'said form; which land will insure the continued supply of timber. The per- mission was granted, without injury to third persons, under the express con- dition that until the establishment of the mill, the grant of the land, which will be a square of five miles, in order that he may use the timber, shall be of no effect. A survey was made of tea thousand acres, but no more than that quan- tity could be had at the place described; and the residue of the grant, six thousand acres, was afterwards surveyed in other placer, at distances of twenty and thirty miles. In 1819, the grantee commenced the erection of amill, which was afterwards carried away by floods. In 1827, another mill was commenced, which was destroyed by fire in July 1828; and in October 1828 another mill was commenced, which went into operation in 1829. The superior court of East Florida confirmed the survey of ten thousand acres, and rejected the two surveys amounting to six thousand acres. Held: that the grantee was entitled to the whole sixteen thousand acres. By the eighth article of the treaty of cession of Spain to the United States, the same time is allowed to the owners ofland granted under the authority of Spain, to fulfil the conditions of their grants, after the date of the treaty, as was limited in the grants. It has been decided by this court, in the case of Arredondo, that as to individual rights, the treaty is to be considered as dated at its ratification. It has been decided, in Arredondo's case, that that provision of the treaty as to the per- formance of the conditions in 'grbnts, is not confined to owners of land by occu- pancy or residence ; but extends to persons who have a legal seisin and posses- sion of land, in- virtue of a grant; and that, in the situation of the province, and the claimants to land at the time of the cession, it was enough that they should show a performance of the condition cy pres. APPEAL from the superior court of East Florida. . This was a claim to land in East Florida, presented to the su. perior court of East Florida, by the appellee, founded on a conces- sion for sixteen thousand acres of land, made by Don Jose Coppin- ger., governor of the province of East Florida, to Charles F Sibbald, the claimant, on the'2d day of August 1816 ; for five miles square, or sixteen thousand acres of land. On the 16th day of July 1816, the petitioner, Charles F. Sibbald, presented his petition to governor Coppinger,'supplicating his per- mission to construct. a water saw-mill on'the creek called Six Milesi I CL. X.-2 P

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