John Catron

“ In contravention of this assumption, the clause above recited directs that the officer giving judicial possession shall cause the land to be measured, according to the ordinance, and to mark boundaries; 'the surplus to remain for the nation, for its uses.' If it be true that the boundaries are conclusively defined in the grant, then no surplus could be thrown off by the survey. But if two leagues are to be surveyed within the larger limits, then the clause is consistent. ”

“ This court has uniformly held, in cases coming up by appeal from the District Courts of Missouri and Florida, which adjudicated Spanish claims under the act of 1824, that the petition to the Governor for land and his concession must be taken as one act, and the decree usually proceeded on the petition, which described the land as respected locality and quantity. ”

“ We are called on to adjudge what the equities of claimants are; and to do this, it is proper 'to look at all the several parts and ceremonies necessary to complete the title, and to take them together as one act.' 10 How., 372. ”