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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 382   View pdf image (33K)
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382 LAND-HOLDER'S ASSISTANT.

is not sufficient, without other proof of descent &c. to
prevent a patent under an escheat warrant.

    The foregoing principles in regard to evidence, it will be
perceived, are extracted or gathered from the adjudications
which follow. They are not intended to embrace all the
questions that may arise upon this subject, and I might indeed
have permitted those authorities to speak for themselves,
without forestalling them by this partial account; but I have
thought it would not be without use to collect together the
most important of the maxims and declarations of the
chancellor on this head. It remains to account for the selection
that has been made of cases adjudged in the land office, and
the manner in which they are presented. As to the selection,
it will be seen that I begin with the decisions of the late
chancellor. The reasons for this are that his predecessor,
whose decisions and opinions, it is needless to say, must be
equal in weight and value to those of any other judge known
in the annals of Maryland, was not accustomed to go into
any great detail of reasoning in deciding on disputes in the
land office; so that his decrees were not, as I found those of
chancellor Hanson, collected together in a separate file, (for
those papers are not recorded) but remained, severally, with
the illustrative plates, depositions, &c. belonging to the
particular cases. In short, I have seen, and I believe there
exist, very few decrees of chancellor Rogers which state at large
the circumstances and merits of the cases, and the particular
principles on which they are decided; nor is there any
positive necessity for lengthy reasonings on such occasions, as the
principles of the decision are generally disclosed to the
parties and their counsel on the trial or examination, and no
appeal being given, the decree may never again come into view,
and may perhaps never be read even by the parties concerned.
But this is a matter altogether in the discretion of the judge
of the office, and each judge acts in it as his particular
disposition leads him. The late chancellor, it will be seen, has been
exact and copious in stating the grounds of his decisions, and
as he frequently refers to those of his predecessor, and
appears to agree with him on all points of importance, his
decrees may be deemed to shew the antecedent practice, as well
as that of his own time; and as they embrace perhaps the
whole circle of the practice, either directly or by deduction
from the principles which they disclose, I have found them,
with those of still later date, some of which will also appear,
sufficient for my purpose, without going back to the few that
might be found of the former chancellor, who, though highly
correct, was not copious in his adjudications, and would be
wronged by so imperfect a selection as I could at present
make of them. I cannot finish these remarks without





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 382   View pdf image (33K)
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