Kingsley v. Broward et als.-Statement of Case. in favor of the defendants, and judgment was entered accordingly. The following is a synopsis of the testimony: Deed No. 1, put in evidence by defendants: under date of June 26, 1829, one Zephaniah Kingsley, of said county, made his deed, conveying "all that tract of land in Duval county, Territory of Florida, known by the name of New Hope Plantation or Hollingsworth's; bounded by Goodby's Lake on the south, Ashley's old field on the north, and the river St. Johns on the west, containing 300 acres of land, more or less," to Zephaniah C. Gibbs and George Kingsley, upon trust, expressed as follows: "To hold the same for the sole and separate use of my freed mulatto woman, Flora H. Kingsley, during her natural life, who is, from the date of these presents, to be entrusted with the free and unrestrained possession and use of all the emoluments of the said property, and to continue in her possession and for her free and sole use, benefit and behoof during her natural life, and immediately after her decease to have and hold said property for the use of her son Charles-a quarteroon child of six months old-and to his heirs and assigns forever, and in case of the death of her aforesaid son Charies, without leaving issue, then to have and hold the said property to any other quarteroon child or children that she may have, share and share alike, if more than one; and if only one, then the whole to that one, its or their heirs or assigns forever. But in case the said Flora should die without leaving issue of the aforesaid description, then my trustees, aforesaid, are to hold this property to and for the use of her heirs and assigns forever." This deed was duly acknowledged and recorded. Deed No. 2, offered in evidence by plaintiffs: under date of 20th of July, 1831, Zephaniah C. Gibbs and George Kings. ley made their deed of the same lands to Zephaniah Kings Kingsley v. Broward et als.-Statement of Case. ley "in consideration of five dollars, and of a conveyance of the same lands, immediately to be made, by Zephaniah Kingsley to the said Flora, for her natural life, to the intent that the life estate created" by the former deed "may be extinguished." It concludes, and there are entries on the record after the signatures of the grantors, as follows: "In witness whereof the said Zephaniah C. Gibbs and George Kingsley have hereunto set their hands and seals. on the day and year first above written. "Z. C. GIBBS. [SEAL.] "GEORGE KINGSLEY. [SEAL.] "I, Flora Kingsley, do hereby give my free consent and approbation of the foregoing deed of surrender. "Signed, sealed and delivered in presence of us at Fort George Island, the day and year first above written. "TERRITORY OF FLORIDA, "County of Duval. "B. S. SANCHEZ, "Be it remembered. That on this twenty-second day of July, A. D. 1831, came before me the subscriber, Clerk of the Circuit Court for the county of Duval, John Mabe, and made oath that he saw the parties to the above instrument of writing, sign, seal and deliver the same for the purpose therein mentioned, wherefore I have recorded the same. "Witness my name as Clerk aforesaid, the date afore"ISAIAH D. HART." said. The referee held this deed inoperative. Deed No. 3, offered by plaintiffs: under date of 21st July, 1831, Zephaniah Kingsley made his deed of the same premises to "Flora H. Kingsley, for and during her natural life; Kingsley v. Broward et als.-Statement of Case. remainder in fee simple, absolute to Charles and James Kingsley, natural children of the aforesaid Flora, and such other natural or legitimate children or child, which may be born of her body during her life, and of quarteroon breed; or such children as the aforesaid Flora shall acknowledge to have been produced by sexual intercourse with a white man, to them and their heirs and assigns forever." The deed concludes, and has entries on the record, as follows: "In witness whereof the said Zephaniah Kingsley hath hereunto set his hand and seal the day and year first above written. "Done at Fort George Is. "Witness "B. S. SANCHEZ, "K. C. GIBBS, "JOHN MABE. "Z. KINGSLEY. [SEAL.] “I, Flora H. Kingsley, do hereby give my free consent and approbation to the foregoing premises, on the day and year first above written. "Witness "B. S. SANCHEZ, "K. C. GIBBS, "JOHN MABE." "FLORA H. KINGSLEY. [SEAL.] This deed was duly proved and recorded. The referee held this deed inoperative. Deed No. 4, offered by defendants: under date of 14th of September, 1855, Flora Kingsley made her power of attorney to George C. Gibbs, authorizing him to sell and convey her real estate in Florida. This deed was duly executed, proved and recorded. Deed No. 5, offered by defendants: under date of 30th November, 1855. Flora H. Kingsley, by George C. Gibbs, Kingsley v. Broward et als.-Statement of Case. her attorney, made her deed to Charles Cutter, conveying to him "all that tract of land in Duval county, Florida, embracing two grants of land, severally described and bounded as follows: One grant to Robert Whitmore, containing 300 acres, bounded on the south by Goodby's lake, on the north and west by the St. Johns river and lands sur veyed in the name of William Hollingsworth, and on the east by public lands; section number twenty, supposed to have been entered by Thomas Ledwith. The other grant, containing 140 acres, to William Hollingsworth, and bounded on the north by land surveyed to John M. Hanson, on the west by the St. Johns river, on the south and east by the aforesaid grant to Robert Whitmore. The aforesaid grant comprising sections 45 and 46 in township 3, south of range 27, east, and being the same tract of land known as the Camp New Hope tract, and containing in all 440 acres, more or less." This deed was duly acknowledged and recorded. Deed No. 6, offered by defendants: on the 30th July, 1857. Charles Cutter conveyed to John Broward, Jr., (one of the defendants) the land described in the last mentioned deed. The deed was duly acknowledged and recorded. John S. Sammis sworn: Knew Zephaniah Kingsley and Flora Kingsley. They lived together and cohabited as man and wife in Duval county, Florida, prior to her removal to the Island of San Domingo, in the West Indies. Have known plaintiffs from their childhood. They were acknowledged by Zephaniah Kingsley to be his children, and were notoriously known and recognized as his children in the neighborhood; their mother was Flora H. Kingsley. She and the plaintiffs removed from Duval county, Florida, to San Domingo, in the year 1842. Zephaniah Kings Kingsley v. Broward et als.-Statement of Case. ley died in 1848. "Flora Kingsley, the wife of Zephaniah Kingsley, survived him. He left a will." [A copy of the will was offered by plaintiffs and filed in evidence.] Cross-examined.- Zephaniah Kingsley was never married within my knowledge. He acknowledged Flora H. Kingsley as his wife, and acknowledged another woman as his wife at the same time. George K. Sammis sworn: Resides in San Domingo. Know the plaintiffs, and know their mother, who was Flora H. Kingsley. She died February 18th, 1875, in San Domingo. The plaintiffs then offered in evidence a certified copy from the clerk's office of Duval county, Florida, of deed numbered three as above; (to the admission of which the defendants objected.) A stipulation between plaintiffs and defendants was then filed, covering the following points, viz: 1st. That Zephaniah Kingsley was a white man. 2d. That the defendants are in possession of the lands sought to be recovered except 32 3-4 acres, of which a particular description is given. 3d. That the plat and notes of survey of the Robert Whitmore grant, from the Surveyor-General's office, Tallahassee, Florida, hereafter mentioned, are a true and authentic plat and survey of the said Robert Whitmore grant, made to him, or to his heirs or assigns, by the Spanish government, and confirmed by the United States Commissioners. 4th. That the Robert Whitmore grant is embraced in the deeds offered by the plaintiffs. The plaintiffs rest. Evidence on the part of the defendants: The defendants offered: Ist. The plat and notes of survey of the Robert Whitmore grant mentioned in the above stipulation. |