Levi Woodbury

“ This was a writ of error on a judgment rendered in the Supreme Court of Alabama.
Our jurisdiction to revise such a judgment is very strictly limited to cases where some right or title was set up by a party under the general government,-its constitution, treaties, or laws, and was overruled. It is this Federal character of the claim decided against which furnishes some justification for a revision of a State judgment in a Federal court; and unless it be clearly of that character, the foundation as well as the policy for our interference entirely fails. ”

“ The errors in the law of a case, on the facts at any time presented, are not likely to be material, where the Civil Code is the basis of it under Spain and France, and when that and its enlightened equities are well understood, and, with the plain provisions in treaties and acts of Congress, will lead usually to correct conclusions.
Only one other source of title, set up under the United States, remains to be examined. ”

“ A certificate of confirmation, such as Eslava had, is very different from a certificate of purchase, as the former shows that the legal title has already passed, while the latter is merely evidence that it ought to be passed. A patent is necessary to complete the legal title in the last case, but not in the first; though an equitable title for many purposes exists, even under a certificate of purchase, without a patent. ”

“ That the estate of individuals is not the subject of forfeiture by act of conquest, is a well-estabished principle in the law of nations, and one repeatedly recognized by this court. Vattel's Law of Nations, 388; Wheaton's Law of Nations, 63; 8 Wheat. 589; 7 Pet. 86; 10 ib. 326; 12 ib. 412.
Nor does the fifth section of the treaty work this consequence. If, by the law of nations, Farmer's possession would have been secure, would the British government have introduced a treaty stipulation narrowing the right of their own subjects? ”

“ Whatever may be the power of the sovereign to regulate the ownership of real estate, and to confine it to citizens alone, it would seem that some special action of the Spanish government was necessary, and that neither the conquest nor the treaty, proprio vigore, worked a forfeiture of this estate. ”

“ Had the United States set up a claim to this land as its own, and it had been held under that title, we concede that no local act of limitations could interfere with its supreme power of control. This has been fully recognized by the Supreme Court. ”

“ The United States made no claim. The claim of the defendant was recognized, because he had adduced proof of title. The United States withdrew all claim to the land, and simply reserved a power to survey it to ascertain its location. This statement of the case shows that the opinions of the State court upon the statute of limitations do not operate to deny a title held under the United States. ”

“ Though in the argument, on the side of the plaintiff, the title is contended to be superior, because commencing earlier, notwithstanding it is broken by an absent deed, and because certified earlier for confirmation. On the other side, the defendant's is insisted to possess a higher equity, because accompanied by a longer possession, an earlier survey, the erection of valuable buildings, and the claimant being both a Spaniard and resident when the country was ceded to the United States. ”

“ The British power, under which Farmer was an officer, ceased a short time before Farmer's heirs left the country, in 1787, and the Spanish power ceased just before their return, in 1819, and for this or some other cause there seems to have been an entire abandonment of the country and of this lot by Farmer's heirs during that period of over thirty years; and a new license by the Spanish government was, therefore, soon given to those under whom Eslava claims, to enter upon it as a vacant lot ”

“ Where, however, rights of property have been adjudged, and litigation in some degree quieted, it is much better to regard them as binding, than to disturb or change them, and the actual possession, for slight or doubtful reasons. ”

“ But Eslava's claim covers more than that by Farmer's heirs. Beside this, it did not originate independent of Farmer's, but on the hypothesis that Farmer's had been abandoned and become vacant, and a title to the lot is set up also under long possession since, by Eslava and his grantors. The superior right is then to be settled under these facts, and not as if double patents had been issued for a title, existing at the same time to the same lot, and from like sources. ”

“ That, in order to sustain the defence under the statute of limitations, there must be twenty years' actual, uninterrupted, adverse possession, and this possession must be clearly defined; which the court charged, but added, that the jury might infer the possession, if they pleased, from the transmission of title from Fonnerette to Fontanella, and from Fontanella to Orsono, and to this defendant. ”

“ Farmer, which lot has not until the present time been claimed by the proprietor or by any agent in his behalf. In consideration of all which, your petitioner humbly hopes, from the goodness of your Excellency, that you will be pleased to grant her the lot above described, and to order the necessary titles to be issued from the secretary's office of this government; wherefore your petitioner entreats your Excellency may be pleased to grant the lot prayed for, and, in so doing, your petitioner shall record many thanks. Mobile, 15th February, 1788. ”

“ But it may be siad that the act of Congress and the patent which affirm the plaintiff's title expressly reserve the rightful claims of all other persons, and that the defendant's title is within that reservation, and consequently stands unaffected by them. ”

“ The report of this claim, and the confirmation of the government, was also read to the jury. The evidence shows that the heirs of Robert Farmer left this country; and that, during the Spanish times, and until the return of De Vobiscey, none were known or heard of in the Province of West Florida as claimants of this lot.
It was in evidence that Orsono, at the time of the deed to him, and from him to Eslava, was the Spanish commandant at Mobile. ”

“ But the chief trouble in disposing of this class of cases is in ascertaining the facts, happening under a foreign government, and after such a long lapse of time, and especially when new papers and some new witnesses are frequently discovered; and the aspect of particular claims is often thus materially changed. ”

“ To No. 4 the plaintiff objected, because the paper offered was a mere certified copy from the land office, and did not purport to convey any title to the premises; which objection was overruled, and the said papers, Nos. 1, 2, 3, and 4, were read, and the plaintiff excepted. The conveyance signed by Orsono was produced.
5. It has been already mentioned, that, on the 25th of April, 1812, Congress passed an act appointing a commissioner to investigate and report upon such claims. ”

“ The petition, the foundation of defendant's title, calls for a lot 10 toises (60 feet) in breadth, 26 toises (156 feet) in length. The deed, purporting to be from Elizabeth Fonnerette, appears to be signed by Isabella Fonnerette, and this calls for 60 feet front, 126 feet deep. Francisco Fontanella, not Francis, the previous grantee, conveys to Orsono 114 feet in front and 126 feet in depth; and Orsono, in his conveyance to Eslava, without indicating boundaries, sells the lot which he had purchased from Don Francis Fontanella. ”

“ That this court has jurisdiction of this cause under the twenty-fifth section of the Judiciary Act, reference is made to Matthews v. Zane, 4 Cranch, 382; Ross v. Barland, 1 Pet. 662; Pollard's Heirs v. Kibbe, 14 Pet. 354.
Mr. Campbell, for the defendant in error, contended,--
1. That these two claims fell within different sections of the confirmatory act of 1822; that of Farmer being provided for in the fourth section, which merely conferred donations, whilst that of Eslava was comprehended within the third section, which recognized pre existing rights ”

“ Upon this evidence, the commissioners made the following report.
'Register of Evidence collected in Relation to Lots in the Town of Mobile.
'No. 27. By whom claimed, Heirs of Robert Farmer. Original claimant, Grondel. Nature of claim, and from what authority derived, French patent. Date of claim, 19th April, 1757. Quantity front, in feet, ___; 84 deep; area in feet, ___. Where situated, Government Street. By whom issued, French government. Cultivation and inhabitation: A house built, in which R. Farmer lived for twenty years, and until the Spaniards took possession of the country. ”