Summary

Nathan Clifford Dauterive v. United States — Opinion of the Court

Legal survey will often be sufficient to establish the locality of the tract, and may have the effect to establish its extent; but if the claimant shows no survey under the former sovereign, it lies on him to establish the boundaries of his concession and to identify his land with such certainty as to show what particular tract was segregated from the public domain, and if he fails to do it, then he has no judicial remedy, and if he seeks confirmation he must go to Congress.
Source: Wikisource

Nathan Clifford Dauterive v. United States — Opinion of the Court

Even if it be conceded that the concession is proved, it is clear that it has no boundaries, nor does it contain any means to determine either the location or the extent of the supposed grant.
Grants of the kind which do not contain any description by which the land can be located, and are not connected with a survey, do not create private property under the treaty of cession.
Source: Wikisource

Nathan Clifford Dauterive v. United States — Opinion of the Court

Where the concession contains no lines or boundaries whereby any definite and specific parcel of land was severed from the public domain, the claim of the donee cannot be sustained, it having been repeatedly decided by this court that if the description is vague and indefinite, as in the case before the court, and there is no official survey to give it a certain location, it will create no right of private property which can be maintained in a court of justice.
Source: Wikisource

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