Fatio vs. Dewees

Fatio vs. Dewees

Lower Court

  • St. Johns County

Date

  • 1838

Box

  • 476

Folder

  • 864

Transcript

United States of America, ss:

The President of the United States of America,

[First words on line blocked by seal] the honorable Judge of the Superior Court for the Middle District of Florida

Greeting:

Whereas [blocked by seal] the Superior Court for the Middle District of Florida

Before you, or some of you, in a cause, between Colin Mitchel, John Carnochan, Peter Mitchel, Benjamin W. Rogers, Benjamin Marshall and John Graham, Complainants and the United States, defendant, the decree of the said Superior Court was in the following words, to wit:

"This cause came on to be heard on the mandate from the Supreme Court of the United States, on the proofs taken in the cause, and on the argument of counsel; and on full consideration of the same, this court is of opinion that the boundaries of the Territory ceded by the Indians to Spain, for the purpose of erecting the fortress of St. Marks, cannot now be ascertained; that no evidence can now be obtained to designate the extent of the adjacent lands, which were considered as annexed to said fortress, by the crown of Spain, or the commandant of said post. But this court is of opinion that there is sufficient evidence of the military usage of Spain to determine the extent of land adjacent to forts in Florida, which were usually attached to said forts; that the extent of such reservations was determined by a radius of 1500 Castilian varas from the salient angles of the covered way, all round the works, or, there being no covered way, from the salient angles of the exterior line of the ditch.

This court doth therefore order, adjudge and decree, that the lands adjacent to the fortress of St. Marks, to be