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• Title: United States, Appellants v. John W. Low Et Al.
• Author : United States Supreme Court
• Release Date : January 01, 1842
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

APPEAL from the Superior Court of East Florida. The heirs of John Low claimed 16,000 acres of land in East Florida, under a grant by Governor Coppinger, founded on a petition alleged to have been presented by their ancestor, dated 20th March 1816, and a decree of Governor Coppinger thereon, dated April 6th, 1816. The petition stated, that, 'bounding with the petitioner's land, on Bell river, there was a creek known by the name of Doctor's Branch, which was suitable for the establishment of a water sawmill, and as he could construct, and was desirous of constructing immediately, a saw-mill on said place, if he could obtain the permission of government, and a grant of the accustomed quantity of land for the supply of lumber, and the assurance, in his favor, that the great expenses that were indispensable to its construction, and the risks to which he would be liable, would be compensated; he, therefore, prayed that the governor would grant him five miles square of land, or its equivalent, permitting him to take 6000 acres in the vacant lands in the neighborhood of Doctor's Branch, and 10,000 acres on the north-west side of the head or lagoon of Indian river.' The governor's decree on this petition stated, that, 'in consideration of the benefit and utility that would result to the province, should it be executed as the petitioner proposed, he grants him the permission he asked, likewise the lands at the places he mentioned; with the express condition, that, until he erected the said machine, he should not have an absolute right in them,' &c. The originals of the petition and decree were not produced in evidence, neither are they to be found in the archives at St. Augustine. A certified copy, dated April 6th 1816, under the hand of Tomas de Aguilar, secretary of the government (whose handwriting was proved); stated to be faithfully drawn from the original in his office, was alone offered; and was objected to on the part of the appellants. There were also produced two plats and certificates of survey, made by George J. F. Clarke, the surveyor-general, for John Low. The first was dated December 23d, 1819, for 'six thousand acres of land in the place called Doctor's Branch, on Bell river.' The second was dated February 7th, 1820, for 'ten thousand acres of land northwestwardly of the head of Indian river, and west of the prairies of the stream called North creek, which empties itself at the head or pond of said river.

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