Winter et al. v. United States.
marks or boundaries, no latitude or longitude, and no natural or artificial objects on the ground. Constructive journeys, constructive corners, constructive lines, make up these constructive surveys. They are destitute of reality, and carry deception on their face.
Two conditions arise from a fair construction of the concession: first, that each grantee would cause his grant to be surveyed; second, that he would establish himself on it within one year; and it was upon the performance of these conditions that each grantee could receive his "title deed in form." Non-performance within the time limited amounted to a forfeiture, or, to use the express language of the concession, the grant "became void." To speak with legal exactness, the lands granted could not vest in the grantees until a compliance with those conditions. No specific lands were appropriated in the document itself, and as none were severed from the royal domain by authentic survey, it was impossible for the grantees to occupy the lands granted. Occupancy is equivalent to seizin or possession, and it is certainly too clear to be controverted, that identity of the premises is essential to a seizin in law, as it is necessarily implied in a seizin in fact. The United States v. Miranda, 16 Pet. 159; Arredondo's case, 6 Ib. 741.
JOHNSON, J.—This is a petition filed by the heirs of Elisha Winter, under the act of congress of the 26th May, 1824, entitled "An Act enabling the claimants of lands within the limits of the State of Missouri and Territory of Arkansas to institute proceeding to try the validity of their claims," revived for five years by the act of 17th July, 1844; and the claim mentioned in the petition is for one million of arpens of land, in the State of Arkansas, based upon a Spanish concession, made by the Baron de Carondelet, governor-general of the Province of Louisiana, the 27th day of June, 1797, to Elisha Winter, the ancestor of the petitioners. 4 Stat. 52; 5 Ib. 676. The answer of the district attorney denies all the statements and allegations in the petition, and full proof is demanded thereof.
From the commencement of the case, every reasonable indul-
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