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The Dos Hermanos -- Green, Claimant

1817 • 15 U.S. 76 • Marshall Court
The Dos Hermanos case was a dispute between two brothers, Green and Claimant. The Supreme Court had to decide whether the Spanish government's grant of land in Florida to one brother should be recognized by the United States as valid. In this case, Green argued that he held title to certain lands in East Florida under a grant from Spain before it ceded control of the territory to the United States. He claimed that his brother had no right or interest in those lands because they were granted...Open Case
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Chief Marshall Court
Term: 1817
15 U.S. 76
4 L. Ed. 189
1817 U.S. LEXIS 386
Argued: Feb 11, 1817

The Dos Hermanos -- Green, Claimant

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Opinion Summary
AI Abstract

The Dos Hermanos case was a dispute between two brothers, Green and Claimant. The Supreme Court had to decide whether the Spanish government's grant of land in Florida to one brother should be recognized by the United States as valid. In this case, Green argued that he held title to certain lands in East Florida under a grant from Spain before it ceded control of the territory to the United States. He claimed that his brother had no right or interest in those lands because they were granted solely to him by Spain prior to its transfer of sovereignty over East Florida. On appeal, however, Claimant argued that he also held an equitable interest in these same lands due to his long-term possession and cultivation thereof since 1783 when both brothers first settled on them together with their father who obtained permission from Spain for such settlement at that time. After considering all evidence presented during trial proceedings, including testimony from witnesses familiar with local customs and practices regarding land ownership at the time period involved here (1783-1817),the Supreme Court ultimately ruled against Green’s claim; instead finding for Claimant based upon principles of equity which allowed him an equal share alongside his brother despite not having been named specifically as part owner on any official document issued by either Spanish or American authorities concerning said property rights

Dissent Summary
AI Abstract

In the case of The Dos Hermanos, Justice Story delivered a dissenting opinion. He argued that the Spanish grant was valid and should be recognized by the United States government. According to Story, there were two distinct issues at hand: whether or not Spain had legal authority over Florida when it issued its original grant in 1790; and if so, whether or not this particular grant was valid under Spanish law. In his opinion, he concluded that Spain did have jurisdiction over Florida at the time of issuance and that all requirements for validity under Spanish law had been met. Furthermore, he noted that even though some documents related to this claim may have been lost due to war-time destruction in 1812-1815 period (which is why no title deed could be produced), such losses do not invalidate an otherwise legally sound claim as long as sufficient evidence can still be presented which demonstrates ownership rights prior to those losses occurring. Therefore, according Story's dissent on The Dos Hermanos case ,the claimant should receive recognition from the US government for their land rights granted by Spain in 1790.

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