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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 380   View pdf image (33K)
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380 LAND-HOLDER'S ASSISTANT.

cases, and that the chancellor may, by rule, direct
depositions to be taken, and received as evidence on the hearing
of caveats, reasonable notice being given by the person
taking those depositions to the other party, that he may have an
opportunity of attending;¾with other provisions, for the
payment of witnesses &c. which have been heretofore noticed:
By the act of 1797, ch. 114, the chancellor has power, as in
the court of chancery, to award costs to the party prevailing
on the decision of a caveat in the land office. There are other
provisions in this act relative to caveats, particularly one for
the purpose of clearing the office of those caveats which
were standing therein at the time of its passage. This
provision must be noticed in another place for the purpose of
explaining some orders of the chancellor, relative to the caveats
in question, which being of a temporary nature, do not
properly belong to the present chapter. As to the general rules,
it is to be recollected that all caveats instituted subsequent to
the passage of the act aforesaid were to remain in force and
operation no longer than twelve months from the time of their
entry, unless, under special circumstances, the chancellor, or
the judge of the land office for the Eastern shore, should
otherwise order and direct.

    The only further matter which I shall touch upon, previous
to introducing the decisions that are to be selected, is what
concerns the rules of evidence in the land office. The
principles upon which disputes in that office have been stated to
be tried and determined may apply to the evidence required
or admitted in the investigation; and it might therefore
appear sufficient to refer to the established rules of evidence in
the chancery court; but, from the peculiar nature of these
cases, certain principles have arisen which it is thought
proper to state on the authority of particular decisions, in which
those principles are laid down and adopted.

¾¾


    A plot, or as it is more generally termed in the office, a
plat, for illustration, establishing the pretensions of the
caveator, ought to be retained in the office, as evidence of the
ground of the adjudication; but not so as to plats exhibited
by the other party; and this is founded on a maxim that the
defendant succeeds of course upon his certificate, as returned,
unless sufficient affirmative evidence be produced against it by
the caveator.

    A person taking out a special warrant is not allowed to
prove his intention, as to location, by parol evidence, as,
whenever such evidence is admitted to prove the intent of a deed,
it must be the meaning of both parties that is to be enquired
into, and parol evidence should not be admitted to prove that





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 380   View pdf image (33K)
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