Samuel Nelson

“ The defendants insisting that there is a distinction to be made between the lagunas, some of them small, others of considerable magnitude, which are formed by tidal currents extending into the land from the bay, and, sometimes connecting with each other along the greater part of this coast, and the waters of the bay itself, while the plaintiffs insist that these lagunas belong to the bay and are parts of it, and that a line bounded on the lagunas is the same as bounded on the bay. ”

“ The court gave but one instruction to the jury. The point of the objection to it is, that the court permitted the jury to depart from the survey of the league of land by Beaumont, who had been appointed by an order of the court to make it according to the courses, distances, and landmarks in the original survey by the government at the time the grant was made. The survey on the ground was made by Beaumont in pursuance of this order, but a civil engineer by the name of Thelipapa, made the map from the field notes. ”

“ So does actual notice of the prior grant, which is, also, proved in the present case. [4]
3. 'If the plaintiffs' title includes an island surrounded by water, it is bad as to the island.'
There is no testimony in the case tending to prove the fact.
4. 'If the jury, from the evidence, can fairly and justly construe both the plaintiffs' and defendants' title, so that each can stand, it is their duty to do so.' There is no evidence in the case warranting such an instruction. Besides, it was the duty of the court to construe the paper titles of the parties. ”