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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 32   View pdf image (33K)
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32 HIGH COURT OF CHANCERY.
Nelson Baker, that the caveator of his certificate has no title
to, or interest in, the land in controversy, and, upon this
ground, it is supposed, the caveat must be overruled. But,
upon referring to the Landholders' Assistant, page 491, it. will
be found that there ia no rule requiring that a caveat shall be
dismissed because the caveator did not show an interest in the
matter in dispute. The author of that work repudiates any
such rule, on a full review of the practice, and says, "that the
judge may, on caveat, or on an application for a patent, where
there is no caveat, refuse a patent on account of a violation of
the rules of the office." This objection, therefore, cannot be
maintained.
But, it is again urged, that no surveys have been made in
these cases, showing the want of contiguity in the several par-
cels of land embraced in these certificates. Plats have, how-
ever, been filed, authenticated by the signature of the county
surveyor, the same person who made the surveys and certifi-
cates of the lands for which patents are asked, by which it does
appear that distinct and separate parcels of land, winch are
not contiguous, have been included in the surveys made by the
caveatees.
These plats have been returned, under the orders of the
court, and they must be treated as evidence, and, have weight
accordingly, and as they show that the rule of the land office
has been disregarded, the caveats must be ruled good.
But though, no patents can issue upon these certificates, as
they now stand, an order may be passed for correcting them,
so as to exclude the lots which are not contiguous.
It is, thereupon, adjudged and ordered that the aforesaid
caveats be, and the same are, hereby ruled good, and that the
certificate of "Dalmatia," and the certificate of "Monponsett,"
be corrected, by excluding such parcels of land in each as may
not be contiguous, and that the surveyor of Alleghany county
make the said correction, and return the corrected certificates,
together with the originals, to this office.
THOS. PERRY, for the Caveators.
J. DEVECMAN, for the Caveatee.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 32   View pdf image (33K)
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