James Moore Wayne

“ The memorialist asks for the land, first stating that he has a large number of new negroes, and that some white persons, native citizens of the United States of America, wish to join him in the settlement and cultivation of the lands 'at Musquito.' He prays that his right to the grant may not be denied by the right which others may claim, or pretend to have, on account of former grants to them; because they had suffered a long time to pass, without taking any steps to cultivate the lands, and as others are ready to cultivate them ”

“ We apply to the case, the laws and ordinances of the government under which the claim originated; and that rule which must be of universal application in the construction of grants, which is essential to their validity, that the thing granted should be so described as to be capable of being distinguished from other things of the same kind, or be capable of being ascertained by extraneous testimony The decree of the court below is affirmed. ”

“ If it be the application of the name of an inlet to lands without and within it; still, how shall boundaries be fixed, within which surveys shall be made, without other specific call than 'north and south of lands at Musquito?' The regulations for granting lands in Florida, by the Spanish authorities, reguired that grants should be made in a certain place, and there were no floating rights of survey out of the place designated in the grant, unless the land granted could not be gotten there in its entire quantity, and an equivalent was provided for ”