Gleason v. White

In 1845 fractional township 53 south, range 42 west, in Dade county, Florida, was surveyed and a plat thereof was approved and filed in the office of the surveyor general in Florida, and also in the office of the Land Department of Washington. By this survey fractional section 19 was divided into two lots, numbered 1 and 2, containing 164.84 acres. In 1875 a resurvey was made of the township, plats of which were also duly approved and filed in the office of the surveyor general in Florida, and with the Land Department at Washington. By this new survey, said section 19 was divided into 7 lots, containing, in the aggregate, 337.76 acres. The difference between the two surveys of section 19 is shown in the following plats.

[NOTE: MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE (GRAPHIC OR TABULAR MATERIAL)]

On June 24, 1878, a patent was issued to William H. Gleason, on a homestead application, for a tract described as lots 1 and 2 of section 19 containing 164.84 acres, according to the official plat of the survey of 1845. Plaintiff in error, who was plaintiff below, claims by deed from the patentee. On May 4, 1885, lot 5 of section 19, according to the survey in 1875, was patented by the United States to Florida as swamp land, and thereafter deeded by the state to the defendant. In 1898 this action to recover a part of lot 5 was commenced in the circuit court of the seventh judicial circuit of Florida, in and for Dade county. The case was tried by the court without a jury; a judgment rendered for the defendant was affirmed by the supreme court of the state, and thereafter brought to this court on writ of error. Included in the action was lot 1 of section 19, as shown by the plat of 1875, but, as judgment was rendered for the plaintiff in respect to that tract, it is unnecessary to further refer to it. There was a stipulation as to certain facts, with a provision that testimony of further facts might be received, and that the court might view the premises. The findings of the court recite that it viewed the premises, and, upon the stipulated acts, and further testimony incorporated in a bill of exceptions, found generally for the defendant as to lot 5.

Mr. George M. Robbins for plaintiff in error.

[Argument of Counsel from pages 56-59 intentionally omitted]

Mr. Edward L. White in propria persona for defendant in error.

Mr. Justice Brewer delivered the opinion of the court: