Fatio v. Dewees

Fatio v. Dewees

Lower Court

  • St. Johns County


  • 1838


  • 476


  • 864


The first point -- The sale by Catalina Chicken was for a valuable consideration, in her own name and that of the plaintiffs her children -- the sale was made under the inspection of the proper Spanish Officers, and has been a matter of record here since_______

2[nd] -- The sale never was disputed by the plaintiffs until after the death of their mother, altho' they were all of full age many years previous, and in enjoyment of the proceeds of the sale.

3[rd] -- The plaintiffs cannot claim under Dewees' will, for he could not bequeath a concession

4. C. Chicken owned more of the head rights than Dewees and at any rate, under that law had a right to one half of the property acquired during her coverture_______

The Royal title was made after the death of Dewees, while she was sole or the wife of Baker.

The Term laid in the Declaration if it expires pending the suit, cannot be enlarged without consent 1. Sal. 257.

The concession for the land in question was made for head rights to A. Dewees in[ ______________]. He died in[______] and in [_______] his widow applied for a royal title, which was made to her, and in 18[__] she sold to Philip Young, the agent of John Forbes & Co, the land now claimed in the name of the children, as well as her own. She received the sum of $8000, which is now, or the greater part of it, in possession of the claimants____

These are the facts in the case, and to these, after examining the testimony & the Law, we shall make the proper application.

A copy,

Teste, Thomas A. Duval clerk