James Moore Wayne

“ The court said in that case, 'by grants of land, we do not mean the mere grant itself, but the right, title, legal possession, and estate, property and ownership, legally resulting upon a grant of land to the owner.' But in the case before us, from the want of survey, or some point for the beginning of one, there can neither be a seisin in fact nor in law; for identity of premises is as essential for a seisin in law, as it is necessarily implied in a seisin in fact. ”

“ Shall it be left to the grantee to choose, or shall the court arbitrarily fix upon a point for the beginning of a survey? If there was a starting point, the claimants might, putting aside the other questions in the case against the confirmation of the grant, be entitled to a survey. But there is none. No survey was made under the grant, whilst Florida belonged to Spain. Indeed, it appears from the record, that neither the governor making the grant, nor any other governor of Florida after him, ever gave an order for a survey of this grant. ”

“ The petitioner asks for 'a square of eight leagues, in the royal lands which are found on the waters of Hillsborough and Tampa bays.' The grant is, 'I grant to him, in the terms which he solicits, the said quantity of land, in the places which he indicates.' Tampa or Espiritu Santa, as it was known or called, before Florida was ceded to the United States, is the largest on the Gulf of Mexico. It is at least forty miles long, and in one or more places, from thirty forty miles broad. Hillsborough river empties into it from the north. ”