John Catron

“ The settled doctrine in respect to these Florida grants is, that grants for lands, embracing a wide extent of country, or within a large area of natural or artificial boundaries, and which lands were not surveyed before the 24th January, 1818, and are without such designations as will give a place of beginning for a survey, are not lands withdrawn from the mass of vacant lands ceded to the United States in the Floridas, and are void as well on that account as for being so uncertain that locality cannot be given to them. ”

“ James Darley in assisting him to make a survey of a tract of land claimed by him on Dunn's lake. Robert McHardy was the surveyor employed. Two black men, one called George Bulger, belonging to Mr. Bulger of St. Augustine, and Peter Survel, a free black mulatto, were the chain-carriers. I sometimes carried the compass, and sometimes the chain, as Mr. McHardy directed me. Mr. Gibson of Charleston, and Mr. Alexander of Charleston, were both present at said survey, and I understand are neither of them living. I cannot recollect the number of acres to be surveyed ”

“ This cause came on to be heard on the transcript of the record from the Superior Court for the District of East Florida, and was argued by counsel. On consideration whereof, it is the opinion of this court, that the claimants can take nothing under the concession in this case; whereupon, it is now here ordered and decreed by this court, that the decree of the said Superior Court in this case be and the same is hereby reversed and annulled; and that this cause be and the same is hereby remanded to the said Superior Court, with directions to dismiss the petition of the claimants. ”

“ We are called on to ascertain the correctness of an opinion and decree pronounced by the Superior Court of East Florida, by which there was confirmed to certain claimants, through James Darley, a tract of land containing 23,040 acres. The only question proposed to be examined regards a location of the land by the decree. Darley solicited the governor of East Florida, in 1817, to grant to him in absolute property six miles square of land, 'at the place called Dunn's lake, upon the river St. ”

“ The governing rules of adjudication, as prescribed, are found in the second section of that act; first,-'The courts shall have full power and authority to hear and determine all questions in said cause relative to the title of the claimant. Second, the extent, locality, and boundaries of the said claim,' &c. ”

“ John's'; and the grant was made as solicited. This is the entire description. The river St. John's is one of the principal waters of East Florida, and a principal object in its geography, and may therefore be judicially noticed, as minor objects have been, in our decisions affecting Spanish claims in the same section of country. The river is of considerable length, and runs through several lakes; there is no place on the river, however, known as Dunn's lake, so far as we are informed, by the proofs or otherwise; but there is a considerable lake, well known as 'Dunn's lake,' lying near the St. ”