United States v. Drummond

APPEAL from the Superior Court of East Florida.

Mr. Grundy, Attorney General of the United States, submitted this case to the Court, alleging that the claimant relies on a concession made by Governor Coppinger for 16,000 acres of land, dated September 12th, 1816. The grant is upon a condition, namely, the erection of a water sawmill; 'and with the precise condition that until he executes said machinery, this grant will be considered as null and void, and without effect or value until that event takes place,' &c.

The mill was never erected. No sufficient reason is shown for its non-erection.

It is insisted that the erection of the mill is a condition precedent; and, consequently, that until the claimant shows a performance of that condition, or some reason for non-performance, which will satisfy the terms of the eighth article of the treaty ceding Florida to the United States, he has no title in law or equity.

This case is believed to be fully decided against the claimants by the decisions of this Court at its last term; in the cases of the United States vs. Mills's heirs, 12 Peters, 215; and United States vs. Kingsley, 12 Peters, 476.

Mr. Justice WAYNE delivered the opinion of the Court.--