Joseph McKenna

“ To this defendant opposes the contention that the laws of Florida did not require subscribing witnesses to a deed from a sheriff, made in execution of a levy upon the property for the collection of taxes, and that, further, even if so, there was a right to receive a deed from the successor of the sheriff, and that, therefore, an equitable title was conveyed to Starke, which was subject to taxation and to sale upon his delinquency. ”

“ All the conditions of a taxable property existed, unless there be merit in the contention of the complainants that the survey of 1851, upon which the patent was predicated, was of no effect unless and until approved by the Commissioner of the General Land Office. ”

“ This apparently left nothing to be done but to segregate the land by a survey; but the bill alleges that the grantees were required to accept the confirmation as a final settlement, or bring their claim before the judge of the superior court for the district of East Florida. This was not done, it is alleged, but it is again alleged that the title was confirmed to the extent of one league square, to be located within the bounds of the original grant. ”

“ There are other contentions equally dependent upon testimony. For instance, defendant asserts that the record shows that complainants were guilty of laches, more than twelve years having elapsed from the date of the patent to the filing of the bill, and that, besides, the suit is barred by the statute of limitations. ”

“ It alleges the action of the Board of Land Commissioners reporting the grant to Congress for confirmation, and the several acts of Congress relating thereto, especially the act of May 23, 1828 (4 Stat. at L. page 284, chap. 70) . That the grant was, under the laws of Spain, 'called a first title or permit to occupy the land, and, after occupancy and proof thereof, to secure a complete or Royal title.' It is, however, further averred that before a perfect title could be obtained, Florida was ceded to the United States, who, by the 8th article of the treaty, pledged itself to confirm the title ”