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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 388   View pdf image (33K)
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388 LAND-HOLDER'S ASSISTANT.

    It may, however, be said by the defendant, that the
subsequent courses, as expressed, must be controuled by the
artificial boundaries, to wit, the courses of " Brooke grove,"
whatever these may be, reversing them from the end of the eighty
first line. But the chancellor conceives that just so many
courses of Brooke grove as reverse the expressed courses
and distances of Addition &c. are called for by the certificate
of Addition as plainly as if they had been expressed
according to their running for illustration. Suppose the certificate
of " Black acre" to express a course thus: N 100 ps.
reversing a course of White acre¾It amounts to precisely the
same thing as if it had said, reversing the S 100 ps. line of
White acre
. Here the chancellor conceives, a number of the
courses of " Brooke grove" are, in like manner, described
and called for; courses of Dickenson's choice likewise are
called for. Take it therefore that calls in a certificate must
be gratified, which is an established principle:
¾Where there
are many calls, and all of them cannot be gratified, and, by
discarding one, you may gratify all the rest, common sense
surely requires the one to be sacrificed to the rest, more
especially when, by so doing, the expressed courses and
distances are all retained, and the vacancy between two tracts,
which were intended to be joined, is prevented.

    The chancellor has said nothing of the certificate for the
party, which actually calls for the eighty-fifth instead of the
eighty-first line. He did not esteem that certificate proper
evidence; and there is enough to determine his judgment
without it.

    It has been contended by the defendant that if the land be
actually surveyed, there will be found a vacancy, to be
affected by his survey. But when it is considered that the
twenty-fourth line of " Addition" must run to the end of the
eighty-fifth line of " Brooke grove" and the defendant's
certificate begins at that precise spot, and runs afterwards so as
to comprehend the supposed vacancy made by running the
aforesaid twenty-fourth line of " Addition" to the end of the
eighty-first instead of the eighty-fifth line of " Brooke grove,"
he must be satisfied that the land claimed by himself and by
the caveator is the same, and that every part of his survey is
comprehended in the lines of " Addition &c." It has been
urged that inasmuch as the chancellor's opinion, if in favor of
the caveator, will be conclusive, but will not be conclusive if
given against him, the caveat should be dismissed, and the
parties left to the decision of a jury. The same may be said
in every case of a caveat on the supposed interference of
the certificate with a preceding patent. But if the
chancellor, whose duty it is to decide according to his judgment, be
clearly of opinion that the land contained in a caveated certificate





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 388   View pdf image (33K)
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