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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 160   View pdf image (33K)
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160 HIGH COURT OF CHANCERY.
Hall. This surplus she has disposed of by her assignment to
Mr. Darnall, and such surplus, therefore, must be paid to him.
GEORGE H. STEWART, for Petitioner.
A. RANDALL, for Darnall.
RICHARD GOODWIN AND OTHERS
IN THE LAND OFFICE,
VS.
WILLIAM CATON. 3 JUNE 1848-
[RECITAL IN ESCHEAT WARRANT.]
THE recitals in an escheat warrant of the death of a. party without heirs, are
not prima facie evidence that the land is liable to escheat 30 as to throw the
burden of proving the contrary upon the party who resists the patent.
Where a certificate has been regularly returned on an escheat warrant, and
has remained long enough in the land office to justify the issuing of a grant,
a reasonable prima facie presumption arises that the land is escheatable.
An escheat grant is prima facie evidence that the land granted is liable to
escheat.
[William Caton obtained a special warrant of escheat from
the land office, on the 22d of May, 1844, to resurvey and affect
a tract of land in Anne Arundel county, called "Eleanor Meek's
Land," "for want of heirs of a certain John Warmsley and
John Goodwin, who died seized thereof, intestate and without
heirs, as it is apprehended," to correct and amend the errors
in the original survey, and to add contiguous vacancies, &c.
The certificate of survey was executed in September, 1844, and
returned the 10th of July, 1845, and on the same day was
caveated by Richard Goodwin and others. Testimony was then
ordered to be taken, the purport of which sufficiently appears
from the following opinion of the Chancellor, as Judge of the
Land Office, delivered on the 26th of June, 1848.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 160   View pdf image (33K)
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