United States v. Juan Percheman

• Decision Date: 01 January 1833
• Citation: 32 U.S. 51,7 Pet. 51,8 L.Ed. 604
• Parties: UNITED STATES, Appellants, v. JUAN PERCHEMAN, Appellee
• Court: U.S. Supreme Court

32 U.S. 51

7 Pet. 51

8 L.Ed. 604

UNITED STATES, Appellants, v. JUAN PERCHEMAN, Appellee.

January Term, 1833

[Syllabus from pages 51-53 intentionally omitted] APPEAL from the Superior Court of the Eastern District of Florida. On the 17th of September 1830, Juan Percheman filed in the clerk's office of the superior court of the eastern district of Florida, a petition, setting forth his claim to a tract of land, containing 2000 acres, within the district of East Florida, situated at a place called the Ockliwaha, along the margin of the river St. John.

The petitioner stated, that he derived his title to the said tract of land under a grant made to him, on the 12th day of December 1815, by Governor Estrada, then Spanish governor of East Florida, and whilst East Florida belonged to Spain. The documents exhibiting the alleged title annexed to the petition were the following:

His Excellency the Governor:—Don Juan Percheman, ensign of the corps of dragoons of America, and stationed in this place, with due veneration and respect, appears before your excellency, and says, that in virtue of the bounty in lands, which, pursuant to his royal order of the 29th of March, of the present year, the king grants to the military which were of this place, in the time of the invasion which took place in the years 1812 and 1813, and your petitioner considering himself as being comprehended in the said sovereign resolution, as it is proved by the annexed certificates of his lordship Brigadier Don Sebastian Kindelan, and by that which your lordship thought proper to provide herewith, which certiffcates express the merits and services rendered by your petitioner at the time of the siege, in consequence of which, said bounties were granted to those who deserved them, and which said certificates your petitioner solicits from your goodness may be returned to him, for any other purposes which may be useful to your petitioner; therefore, he most respectfully supplicates your lordship to grant him two thousand acres of land, in the place called Ockliwaha, situated on the margin of St. John's river, which favor he doubts not to receive from your good heart and paternal dispositions. St. Augustine of Florida, 8th December 1815.

JUAN PERCHEMAN.

St. Augustine of Florida, 12th December 1815. Whereas, this officer, the party interested, by the two certificates inclosed, and which will be returned to him for the purposes which may be convenient to him, has proved the services which he rendered in the defence of this province, and in consideration also of what is provided in the royal order of the 29th March last past, which he cites, I do grant him the two thousand acres of land which he solicits, in absolute property, in the indicated place; to which effect, let a certified copy of this petition and decree be issued to him from the secretary's office, in order that it may be to him, in all events, an equivalent of a title in form.

ESTRADA.

PETITION.—His Excellency the Governor: Don Juan Percheman, sergeant of the squadron of dragoons of America, stationed in this place, with due veneration and respect, appears before your excellency, and says, that in virtue of the royal bounties in lands, granted by his majesty, by his royal order of the 29th of March of the present year, to the military individuals who were in this place aforesaid, in the time of the invasion thereof, in the years 1812 and 1813, and your petitioner considering himself as included in the said royal resolution, as he proves it by the annexed certificates, exhibited with due solemnity, one of them from the Brigadier Don Sebastian Kindelan, and the other with which your excellency thought proper to provide him, which certificates express the merits and services which he acquired and rendered in the time and epochs of the siege, in consequence of which the meritorious were thus rewarded, and which certificates your excellency will be pleased to return to your petitioner, for other purposes which may be useful to him, wherefore, your petitioner most respectfully supplicates your excellency to be pleased to grant him two thousand acres of land, in the place called Ockliwaha, situated on the margins of the river St. John, which favor he doubts not to receive from the benevolent and charitable dispositions of your excellency. St. Augustine of Florida, on the 8th of December 1815.

JUAN PERCHEMAN.

DECREE.—St. Augustine of Florida, on the 12th of December 1815. Whereas, this officer interested proves by the two certificates annexed, and which will be returned to him for such purposes as may suit him, the services which he has rendered in the defence of this province, and also in consideration of the provisions of the royal order, under date of the 29th March last, which is referred to, I do grant to him, in absolute property, the two thousand acres of land, in the place which he indicates; for the attainment of which, let a certified copy of this petition and decree be issued to him; which documents will, at all events, serve him as a title in form.

ESTRADA.

I, Don Tomas de Aguilar, under-lieutenant of the army, and secretary for his majesty of the government of this place, and of the province thereof, do certify, that the preceding copy is faithfully drawn from the original, which exists in the secretary's office, under my charge; and in obedience to what is ordered, I give the present, in St. Augustine of Florida, on the 12th of December 1815.

TOMAS DE AGUILAR.

PETITION FOR SURVEY.—His Excellency the Governor: Don Juan Percheman, ensign of the corps or dragoons, and commandant of the detachment of the same, stationed in this place, with due respect, represents to your excellency, that this government having granted your petitioner two thousand acres of land in the place called Ockliwaha, on the margin of the river St. John, he may be permitted to have the same surveyed by a competent surveyor, as soon and at any time your petitioner will find it convenient, which favor your petitioner hopes to receive from the high consideration of your excellency. St. Augustine of Florida, on the 31st December 1815.

JUAN PERCHEMAN.

St. Augustine, 31st December 1815. The preceding petition is granted.

ESTRADA.

I, Don Robert McHardy, an inhabitant of this province, and appointed surveyor, by decree of this government, rendered on the 31st December 1815 in behalf of the interested party, do certify, that I have surveyed for Don Juan Percheman, lieutenant of the Havana dragoons, a tract of land containing two thousand acres, situated on the south side of Ockliwaha, and is conformable in all its circumstances to the following plat. In testimony whereof, I sign the present, in St. Augustine of Florida, on the 20th of August 1819.

R'T McHARDY.

The petitioner proceeded to state, that his claim to said tract of land so claimed by him, was submitted to the examination of the board of commissioners appointed under and in virtue of an act of the congress of the United States of America, entitled 'an act for ascertaining claims and titles to lands in the territory of Florida, and to provide for the survey and disposal of the public lands in Florida,' passed the 3d day of March 1823. And that the land so claimed by him, and situated as aforesaid, within the territory of Florida, and within the jurisdiction of this honorable court, as aforesaid, was embraced by the treaty between Spain and the United States of the 22d of February 1819; that his claim to said land had not been finally settled, under the provisions of the act of the congress of the United States, entitled 'an act supplementary to the several acts providing for the settlement and confirmation of private land-claims in Florida,' passed the 23d day of May 1828, or of any of the acts to which the said last-recited act is supplementary; and that the claim of the petitioner to the said land had not been reported by the said commissioners appointed under any of the said acts of congress, or any other, or by the register and receiver acting as such, under the several acts of the congress of the United States in such case made and provided, as ante-dated or forged, and that the said claim had not been annulled by the aforesaid treaty between Spain and the United States, nor by the decree ratifying the same. Wherefore, he prayed, that the validity of his claim to said land might be inquired into, and decided upon, by the court, and that, in pursuance of an act of congress for that purpose, in that case made and provided, the United States be made a party defendant to this petition, and that process, &c.

On the 2d of October, the attorney of the United States for the district of East Florida filed an answer to the petition of Juan Percheman, in which it is stated, that on the 28th of November 1823, he, the said Juan Percheman, sold, transferred and conveyed to one Francis P. Sanchez, all his right, title and interest in the tract of land claimed by him; which, the answer asserted, appeared by a copy of the conveyance annexed to the action, and that he had not, at the time of the filing of his petition, any right, title or interest in the land. The answer admitted, that the claim of the said Francis P. Sanchez to the said tract of land was duly presented to the register and receiver of the district, while they were acting as a board of commissioners to ascertain titles to land in East Florida; and averred, that the said claim was finally acted upon and rejected by the said register and receiver, while lawfully acting as aforesaid, as appeared by a copy of their report thereon, annexed to the answer. The United States further said, that the tract of land claimed by the petitioner contains a less quantity than 3500 acres, to wit, but 2000 acres, by the showing of the petitioner himself, and that the court had no jurisdiction in the case, nor could any court exercise jurisdiction over the claim against the United States. The answer submitted,...