Doe on demise of Commyns v. Latimer
Supreme Court of Florida
Writ of Error to Escambia Circuit Court. The case is stated in the opinion of the Court. The evidence proposed to be offered to the jury, and which the Court below ruled out, was opposed upon the following grounds: 1. The incapacity of Masot, the Governor of West Florida, to make a valid grant.
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Writ of Error to Escambia Circuit Court. The case is stated in the opinion of the Court. The evidence proposed to be offered to the jury, and which the Court below ruled out, was opposed upon the following grounds: 1. The incapacity of Masot, the Governor of West Florida, to make a valid grant. To this objection it is replied, that the Supreme Court of the U. S. have decided in the cases of Sanlard, (4 Peters Rep.) Arredondo, (6 Peters Rep.,) Clark, (8 Peters Rep.,) Mitchell, (9 Peters Rep.,) and others, that upon the production of a grant the presumption of lav/ arises that there was full…
1Opinion of the Court
Douglas, Chief Justice,
delivered the following :
This is an action of ejectment, instituted by the plaintiffs in the Circuit Court of Escambia County, against William K. Latimer, tenant in possession, to recover a tract of land claimed under a concession alleged to have been made by Masot, Governor pro tern. of the Province of West Florida, to one Francisco Rocheblave, on the 25th day of November, 1817. The declaration, notice, consent rule, and plea, (upon which issue was joined,) are in the usual form. At the last November term of that Court, the cause came on for trial, and the issue was…
2Cases cited8 opinions
- United States v. ClarkeSupreme Court of the United States · 1834
- United States v. LinnSupreme Court of the United States · 1841
- United States v. KingsleySupreme Court of the United States · 1838
- M'Dowell v. Burwell's AdministratorCourt of Appeals of Virginia · 1826
- United States v. MirandaSupreme Court of the United States · 1842
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hoodless v. JerniganSupreme Court of Florida · 1903
- Walker v. LeeSupreme Court of Florida · 1906
- Connelly v. SmithDistrict Court of Appeal of Florida · 1957
- American Cyanamid Co. v. StateCircuit Court for the Judicial Circuits of Florida · 1981