United States v. Mills' Heirs/Opinion of the Court

This is an appeal from a decree of the superior court of East Florida, confirming a land claim.

It differs only from the case of the United States v. Z. Kingsley, decided by the Court at this term; in this: that the conditions upon which the appellee was to have a property in the land petitioned for, was limited to performance within six months from the date of the governor's decree. It was not performed. Nor was any attempt made to perform it by the appellee in his life-time, or by his representatives after his death. No sufficient cause for non-performance is shown within the time limited, nor afterwards; to bring it within those rules of justice and equity, which this Court has said shall be applied in its construction of the 8th article of the treaty of February, 1819, with Spain; on its consideration of grants made upon condition. For the reasons stated in the case of Kingsley, the Court is of opinion that the decree of the court below in this case, should be reversed, and it was ordered accordingly.

This cause came on to be heard on the transcript of the record from the superior court for the district of East Florida, and was argued by counsel. On consideration whereof, it is the opinion of this Court, that the petitioner has not fulfilled the condition of the grant; and that, therefore, the grant or concession is null and void; and that the petitioner has no right or title to the land. Whereupon, it is now here decreed and ordered by this Court, that the decree of the said superior court, in this cause, be, and the same is hereby reversed and annulled; and that this cause be, and the same is hereby remanded to the said superior court, with directions to enter a decree in conformity to the opinion of this Court.