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Ann Buyck, Widow of Don Augustin Buyck, Deceased, and the Unknown Heirs of Said Buyck, Appellants, v. the United States, Appellees U.S. 215 (1841)

handle is hein.slavery/ussccases0341 and id is 1 raw text is: JANUA'RY TERM, 1841. ANN BuYcK, WIDOW OP DON AUGUSTIN BUYcx, DECEASED, AND THE UNKNOWN HEIRS OF SAID Buycx, APPELLANTS, v. T UNITED STATES, APPELLEES. The decree of the Superior Court of East Florida, by which a grant for fifty thousand acres of land, made by Governor White, the Spanish governor of East Florida, dated July 29, 1802, was rejected, affirmed. The land had been granted by Governor White, on a petition from the grantee, stating his intention to occupy and improve the same with Bozale negroes, and native citizens of the United States; and stating that other grants of the same lands had- been made, on condition of settlement, which conditionshad not been performed, and such grants were therefore void. The petitioner promised to make the settlement within snearly period after the grant. The Governor granted the land, referring to the petition ; also, with the condition, that the grantee should not cede any part of the land, without the consent of the government. No improvetnent or settlement was at any time made on the land by the grantee. Held, that, the government of the United States were not brund, under the Florida treaty, to confirm the grant. The desbripion of the portion of land asked for from the Spanish Governor, lands. at Musquito, fifty thousand acres, south and north of said place, is not sufficiently definite; and from such a description, no exception could be made from the public lands acquired by the United States under the Florida treaty. The regulations for granting lands in Florida, by the Spanish authorities, required that grants should be made in a certain place; and iltere were no floating rights of survey out bf the place designated in the grant; unless wihere the -land granted could not be got there in its exact quantity, and an equivalent was provided for. The laws and ordinances of the government of Spain, in relation to grants of lands by the Spanish government, must be of universal application in the construction of grants. It is essential to the validity of such grants, that the land granted shall be described, so as to be capable of being* distinguished from other things of the same kind, or capable of being ascertained by extraneous testimony. The cases of Sibbald, 12 Peters, 313. 348. 'Arredondo, 6 Peters, 133. Fleming, 478. Huertas, 488. Arredondo, 13 Peters, 133, cited. APPEAL from the Shperior Court of East Florida. On the 23d of May, 1829, Ann Buyck, the appellant, presented a petition to the Superior Court for.the Eastern District of Florida, claiming title to a tract of land containing fifty thousand acres, south and north of the Musquito river. The title -on which the claim -was founded, was a Spanish

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