Stonewall Phosphate Co. v. Peyton

Citations

• 39 Fla. 726

Syllabus

<p>1. A grant of land from the United States Government according to the legal subdivisions established by the United States survey, presupposes an actual ground survey of the.land, and the patent must be considered as conveying the land as actually surveyed.</p> <p>2. When a line was actually run and a division made in an original survey of land by the United Stites Government, and the line or division was marked by comers or natural objects, and such survey be established in accordance with the United Sta'es field-notes the grantee in a patent from the government will take according to such actual survey, notwithstanding any mistaken description as to courses and distances, or the quantity of land stated to be conveyed.</p> <p>3. When a law of Congress pi o vides for the disposal of the public lands upon the ascertainment of certain facts by the officers in the United States land department, a patent issued from such department is a conclusive declaration of such officers, in collateral proceedings, of a finding of the facts authorizing the grant; but this principle of construction will not permit such officers m granting lands according to an actual survey of the United States to divide the lands as to quantity otherwise than was done by the actual survey, and when there is a conflict between the quantity expressed in the patent ami that shown by the actual survey established, the latt-r will control.</p>