Richardson v. Sullivan's Executors

Citations

• 38 Fla. 90

Syllabus

<p>The purpose of the alleged Spanish grant from D >n Alexander Ramirez to Don Vincente Sebastian Pintado, offered in evi- „ dence in this case and excluded by the court, was not to convey the land and water as such, so far as the extension or space of the Bay of Pensacola therein described is concerned, but the right to use the same within said limits, and to the depth stated below the surface of the soil, for the purpose of constructing wharves and houses for bathing, such right being to the exclusion of any similar right in any other individuals, and subordinate to the right of the King and the public to construct wharves with municipal or common funds within said limits; and to this extent it was not within the authority of Ramirez to make the grant, and it was void as to the space therein described as the extension of the Bay of Pensacola. The exclusion of the grant m evidence was proper on the authority of the decision in Sullivan vs. Richardson, 33 Fla. 1, 14 South. Rep . 692.</p>