Henry Mitchell v. Charles Furman 1900

• Decision Date: 26 March 1900
• Docket Number: No. 23,23
• Citation: 180 U.S. 402,45 L.Ed. 596,21 S.Ct. 430
• Parties: HENRY L. MITCHELL, Governor of the State of Florida, William D. Bloxham, Comptroller of the State of Florida, et al., Appts. , v. CHARLES M. FURMAN, in His Own Right, and as Administrator of Charles M. Furman, Deceased, et al. Argued March, 1, 2, 1900. Ordered for Reargument
• Court: U.S. Supreme Court

180 U.S. 402

21 S.Ct. 430

45 L.Ed. 596

HENRY L. MITCHELL, Governor of the State of Florida, William D. Bloxham, Comptroller of the State of Florida, et al., Appts.,

v CHARLES M. FURMAN, in His Own Right, and as Administrator of Charles M. Furman, Deceased, et al.

No. 23.

Argued March, 1, 2, 1900.

Ordered for Reargument March 26, 1900.

Reargued October 17, 18, 1900.

Decided March 11, 1901.

This was an amended bill of complaint filed November 30, 1895, in the circuit court of the United States for the southern district of Florida by Charles M. Furman in his own right, and as administrator of the estate of Charles M. Furman; Bolivar B. Furman, and Alester G. Furman, all citizens of the state of South Carolina, against Henry L. Mitchell, governor, William D. Bloxham, comptroller, Charles B. Collins, treasurer, William B. Lamar, attorney general, and Lucius B. Wombwell, commissioner of agriculture, of the state of Florida, and citizens thereof, as the board of trustees of the internal improvement fund of the state of Florida; the Florida Coast Line Canal & Transportation Company, a corporation of Florida, having its principal place of business at St. Augustine; the St. Johns Railway way Company, a corporation of Florida, having its principal place of business at Jacksonville; Horace S. Cummings, residing in the District of Columbia; and John A. Henderson, a citizen of the state of Florida, alleging: 'That they own and hold title in fee simple, as tenants in common, to all that tract, parcel, or piece of land lying, situate, and being in the county of St. Johns in the state of Florida, and within townships 7, 8, and 9, south of range 30 east, known as 'Anastasia,' or 'St. Anastasia,' Island, said to contain 10,000 acres, but which in fact contains about 7,500 acres, excepting therefrom what was known at the time of the Spanish grant hereinafter mentioned as the King's Quarries, the boundaries of which were marked by stakes, the same being about 200 acres, lying on and east of the old King's Road, between the same and the old lighthouse, which exception does not embrace the lands or any part thereof hereinafter alleged to be claimed by the defendants or any of them.'

'That the said tract of land was granted by the government of Spain to Jos e, or Joseph, Fish—otherwise known as Jesse Fish (hereinafter designated as Joseph Fish), on or about the 19th day of June, A. D. 1795, which said grant was ratified and confirmed by the United States by the treaty with Spain ratified by the United States on the 19th day of February, A. D. 1821.'

The bill then set up title to Anastasia island as derived from Joseph Fish, through his mother Sarah Fish, her granddaughter, Jessie B. Perpall, who married Charles M. Furman, who became sole heir at law of his wife and their son, Gabriel, and left a will under which complainants claimed. It was averred that Joseph Fish died intestate in 1798; that his mother died intestate in 1825; that her granddaughter died intestate in 1827; that Mrs. Furman's son Gabriel died in infancy in 1836; and that Charles M. Furman died in 1872.

It was further alleged that Joseph Fish was placed in possession of the said land so granted, and resided thereon in his dwelling house, and cultivated an orange grove and fields, inclosed by a fence; that he used the woodlands on the island, and exercised such acts of possession of the whole of the island as it was capable of; and that from his death to the present time those claiming under Fish have done the same.

The bill averred that the state of Florida claimed title under the act of Congress of September 28, 1850, relating to swamp lands, of certain lands on Anastasia island, which complainants asserted were part of the grant to Joseph Fish, and owned by them; these were described according to the public surveys and alleged to contain 1,465.15 acres, more or less, all in township 7, south of range 30 east; and that the United States on September 18, 1856, issued its patent to the state of Florida therefor.

That the state of Florida by an act of June 6, 1855, vested in the governor, the comptroller, the state treasurer, the attorney general, and the register of public lands, now known as the commissioner of agriculture, of that state, and their successors in office, as the board of trustees of the internal improvement fund of the state, the title to all lands granted to the state under the act of Congress, with power to sell and transfer the same; that defendants, Mitchell, governor, and others, now constitute the board of trustees; that the board on May 13, 1885, executed a deed of conveyance to the Florida Coast Line Canal & Transportation Company of certain lots and parts of sections, in township 7, containing in all 549 acres, which land, except that conveyed to Horace S. Cummings, was claimed by the transportation company adversely to complainants; that of these lands the transportation company executed a deed of conveyance to Cummings of 160 acres, which was claimed by Cummings adversely to complainants.

That the board of trustees September 21, 1886, executed a conveyance to the St. Johns Railway Company of certain lots and parts of sections in township 7, containing in all 328.10 acres, being part of the land patented to the state, which land was claimed by the railway company adversely to complainants; that the board of trustees on July 30, 1892, executed a deed of conveyance to defendant Henderson of certain lots in township 7, containing 286.28 acres, which land was claimed by Henderson adversely to complainants. It was further averred that the United States issued to the state of Florida on June 27, 1895, a patent for certain other lands, being part of Anastasia island, described by the public surveys, in township 7, containing 393.30 acres; that the United States issued to the state of Florida on April 8, 1895, a patent for certain other lands described by the public surveys, in township 7, containing 120 acres; that these lands were selections made by the state under an act of Congress of June 9, 1880, entitled 'An Act to Confirm Certain Entries and to Warrant Locations in the Former Palatka Military Reservation in Florida;' that in addition to the lands so patented the state had selected under said act certain lands on Anastasia island in township 7 containing 367.32 acres; that entries of these selections had been allowed by the Commissioner of the General Land Office of the United States, and the same were held to be patented to the state under the act of Congress of June 9, 1880; that the lands so patented to the state and those selected by the state for patent under the act aforesaid were in lieu of selections under the act of Congress of September 28, 1850, and were vested by the legislature of Florida, by the act of January 6, 1855, in said board of trustees, if the United States held the title thereto at the time of the issue of the patents, and that the board of trustees claimed title to the same adversely to complainants.

The bill charged 'that the said patents from the United States and the said deeds of those claiming thereunder, and said entries and selections of the state of Florida, whereby the said defendants claim title, respectively, to the said lands as aforesaid, are invalid, and do not vest a title in the said defendants to the lands so claimed by them, respectively, as aforesaid, for the reason that the United States, under whom the defendants claim, did not, at the time of issuance of such patents or at any other time, have or hold title to the said lands, or any part thereof, but that the title to the same is in your orators, holding and claiming under the said grant of the government of Spain to the said Joseph Fish as aforesaid.'

The bill also alleged that none of the defendants were in actual possession of the lands or any part thereof; that the lands exceeded in value the sum of $2,000; and 'that this cause arises under the said treaty between the United States and Spain, which ratified and confirmed the said grant to the said Joseph Fish, under whom your orators claim title. And the controversy involved in this case necessarily involves the construction of said treaty.'

It was then charged 'that the said patents, entries, and deeds by and under which the defendants respectively claim title to said lands as aforesaid, are clouds upon the title of your orators in the said lands, and tend to depreciate the value and sale thereof, to the great damage and injury of your orators in the premises.'

The prayer was 'that the said patents, entries, and deeds by and under which the said defendants respectively claimed title to the lands so respectively claimed by them as aforesaid may be set aside and declared void as clouds upon the title of your orators, and that the defendants and each of them may be enjoined from entering upon or taking possession of said lands, or in any manner disturbing the possession of your orators thereof, and that your orators may have such other and further relief in the premises as equity may require and as to your honors shall seem meet.'

The defendants Mitchell and others, members of the board of trustees, moved to dismiss the bill for want of jurisdiction, which motion was overruled. Defendant Cummings made a similar motion. The trustees also filed a demurrer for want of jurisdiction, and a demurrer for want of equity. The defendants, the canal and transportation company and the St. Johns Railway Company, also demurred. All the demurrers were overruled.

The trustees and Cummings then filed their answer, denying that Anastasia island was granted by the government of Spain to Jos e or Joseph Fish, June 19, 1795, or at any other time, or that the title to the lands in controversy was ever granted by the King of Spain or by his lawful authorities, and averring that the only part of Anastasia island, the title to which was ever granted by the King of Spain or by his lawful authorities,...