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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 381   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 381

which from the nature of the transaction ought to be apparent
on the warrant itself.

    A plat returned on a survey by a private person, appointed
by one of the parties, without the consent of the other, is not
admitted as evidence, and the depositions taken on such a
survey are also to be rejected.

    A paper purporting to be the field notes of the surveyor,
without a table of courses, and not properly authenticated by
such surveyor, has been rejected when offered as proof of the
original running of land.

    The expressions in a grant, it has been held, may be
controuled by proof.

    Absolute verity, it has also been held, does not reside
either in a warrant issued from the land office, or in the record
of it made by the register. If the date, description &c.
contained in a warrant are alledged to have been altered, the
chancellor receives evidence to establish the fact, after which
it will be adjudged void, or amended, as the circumstances
may require.

    Where no positive proof is produced of the issuing of a
patent, or the payment of composition money, the chancellor
will not presume, from long possession, or other
circumstances, (which might exist) without such a patent, or
payment, that a patent did issue, and that the composition was
paid. It is otherwise where the judge is satisfied by proof
that a patent had issued, and had been recorded in a book
which was afterwards lost.

    Plats, when arbitrarily made, and not corresponding with
the grant, are not to be regarded.

    The proof of a deputy surveyor to a beginning has been
allowed to be refuted, or discredited, by other testimony.

    Where the former surveyor who laid down all the lands
involved in a dispute, for illustration, has certified and sworn
to his whole work, and produced strong circumstances to
prove that the runnings were as formerly laid down, it has
been deemed sufficient evidence to the chancellor.

    On an appeal from the decision of the judge of the
Eastern shore land office it has been stated that plats ought to
accompany the transcript, but new evidence is not to be
received in the hearing on such an appeal.

    Evidence (not on appeal) omitted by mistake may be
produced on granting a re-hearing.

    On a caveat against a certificate returned under an escheat
warrant, it is stated by chancellor Hanson to be the settled
rule and practice that the caveator must shew a title in himself
or in some other person; and, the shewing of a deed from a
person, reciting that he is the heir of another therein named,





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 381   View pdf image (33K)
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