John Catron

“ So, here, Forbes acquired no title to any land that can be recognised by a court of justice, and his claim must be pronounced void for want of identity; and because it is impossible to settle the identity, and locate the land by a judicial decree. ”

“ Neither of the surveys corresponding with the concession, in regard to the district where the survey could alone be made; and being on lands not granted by the governor of Florida, the surveys, if confirmed, would be recognised as of themselves appropriations of the lands, independently of the concession on which they profess to be founded; making them the origin of title, and assuming that the surveyor had the power to grant. This court has, on all occasions, holden, when the question has been presented, that the survey must be for the land granted by the proper authority. ”

“ These principles seem to be self-evident; and their assertion not called for, because of their undoubted character; yet the consequences flowing from them will be found to govern a class of cases of large magnitude, now in the course of adjudication. The one before us is of that class. The concession or grant (for the terms are synonymous, in regard to the Spanish titles of Florida) to Juan Forbes, was for 10,000 acres in the district or bank of the river Nassau, with an order, that the concession should serve him as a title in form ”