Sallie Field Scott v. Lizzie Carew
Decision Date | 03 January 1905 |
Docket Number | No. 52,52 |
Citation | 25 S.Ct. 193,196 U.S. 100,49 L.Ed. 403 |
Parties | SALLIE FIELD SCOTT, Eliza Madison Scott, Harriet B. Jones, et al., Appts. , v. LIZZIE W. CAREW, W. W. Hampton, E. R. Gunby, et al |
Court | U.S. Supreme Court |
On December 31, 1900, the plaintiffs, who are now appellants, filed their bill of complaint in the circuit court of the United States for the southern district of Florida, praying a decree that the defendants, holding the legal title to a tract of land under patent from the United States, be decreed to hold that title in trust for them. A demurrer to the bill was sustained, and a decree of dismissal entered. This was affirmed by the circuit court of appeals for the fifth circuit, and from that affirmance this appeal was taken.
The averments in the bill are: The plaintiffs are the sole descendants and heirs at law of Robert J. Hackley, who died in 1845. In November, 1823, Hackley, then over twenty-one years of age, and the head of a family, settled upon and cultivated the tract in controversy. At that time the surrounding country was a dense wilderness, and he the only settler. He erected on the tract a substantial dwelling and other buildings. In 1824 Colonel Brooke, with a detachment of United States troops, was sent to this portion of Florida, located a camp or cantonment on this tract, dispossessed Hackley, and took possession of the house and land so occupied and cultivated by him. The Secretary of the Interior, in the contest proceedings hereinafter referred to, in an opinion which is attached to the bill as an exhibit, found that this action was taken by order of the War Department. United States troops continued to occupy the camp or cantonment until December 10, 1830, when by an executive order of the President the Fort Brooke military reservation was established, containing 16 square miles of land, and embracing the tract in controversy. Thereafter this military reservation was reduced from time to time by executive orders, until on June 1, 1878, only the tract in controversy, commonly known as the 'Reduced Fort Brooke military reservation,' remained. On January 4, 1883, it was relinquished, and transferred by the Secretary of War to the Interior Department. Hackley, after his removal from the tract, remained a resident of Florida up to the time of his death. On March 3, 1823, Congress passed an act [3 Stat. at L. 754, chap. 29] authorizing the President to establish a land office in each of the districts of east and west Florida as soon as, in his opinion, there was a sufficient quantity of public land surveyed to justify it. Under this act, and by an executive order in 1828, a land office was established at St. Augustine, in the district in which this land was situate. At the time this office was established the hostility of the Indian tribes was such as to render communication between it and that portion of Florida where Hackley resided practically impossible. But in the year 1835, although the public surveys had not been extended into this part of Florida, Hackley filed with the register of the land office evidence designating the particular tract which had been settled upon, inhabited, and cultivated by him as aforesaid, and claimed the right of preemption and purchase thereof under and by virtue of the act of Congress of April 22, 1826 [4 Stat. at L. 154, chap. 28]. By change of the boundary lines of the land districts of Florida the land subsequently came within the jurisdiction of the land office at Newnansville, Florida, whereupon, on November 27, 1843, Hackley secured from the register of the land office at St. Augustine a copy of the evidence formerly filed in that office, and filed it with a notice of his claim with the register of the office at Newnansville. On September 26, 1887, the administrator of the estate of Hackley filed in the local land office a supplemental notice of the claim of the legal representatives of Hackley to the right of pre-emption in the purchase of the tract. Other parties made application to the Land Department for an entry of said lands, contest proceedings were had, which were terminated by a decision of the Secretary of the Interior adverse to the claim of the plaintiffs, and a patent was issued to Edmund S. Carew, under whom the defendants claim.
The following statutes are relied upon by the parties: Act of Congress, March 3, 1807 (2 Stat. at L. 445, chap. 46), § 1 of which provides:
The other sections have no application to this case.
On February 5, 1813 (2 Stat. at L. 797, chap. 20), the following act was passed:
'That every person, or legal representative of every person, who has actually inhabited and cultivated a tract of land lying in either of the districts established for the sale of public lands, in the Illinois territory, which tract is not rightfully claimed by any other person, and who shall not have removed from said territory; every such person and his legal representatives shall be entitled to a preference in becoming the purchaser from the United States of such tract of land at private sale, at the same price and on the same terms and conditions in every respect as are or may be provided by law for the sale of other lands sold at private sale in said territory, at the time of making such purchase: Provided, That no more than one-quarter section of land shall be sold to any one individual, in virtue of this act; and the same shall be bounded by the sectional and divisional lines run, or to be run, under the direction of the surveyor general for the division of the public lands: Provided also, That no lands reserved from sale by former acts, or lands which have been directed to be sold in town lots, and out lots, shall be sold under this act.
And on April 22, 1826 (4 Stat. at L. 154, chap. 28), Congress passed another act, the 1st section of which reads as follows:
'That every person, or the legal representatives of any person, who, being either the head of a family, or twenty-one years of age, did on or before the first day of January, in the year one thousand eight hundred and twenty-five, actually inhabit and cultivate a tract of land situated in the territory of Florida, which tract is not rightfully claimed by any other person, and who shall not have removed from the said territory, shall be entitled to the right of pre-emption in the purchase thereof, under the same terms, restrictions,...
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