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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 389   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 389

has already been patented to another, he cannot
possibly do otherwise than decide in the caveator's favour.
Besides, it appears more reasonable that the patentee should be
quieted in the possession of that which the chancellor
conceives has been granted to him, than to afford a chance to him
whom the chancellor conceives to have no colour of right,
who never was in possession of the thing he contends for,
and who appears to have made his survey upon mere
speculation.

    The chancellor has given his opinion thus at large, because
the principles of his determination are not obvious, and
because he wished to lay down those principles for the purpose
of preventing trouble and expence to land-holders in future.

    It is therefore, this eighth day of January 1791, adjudged
that the caveat of Basil Brooke against John B. Magruder's
certificate of the Meadows, 119¼ acres, be ruled good.

¾¾

                JOSEPH BLOUNT)
                             a                )    Caveat in the Land office.
                  WM. PINDER.    )

    THE defendant is seized of a part of each of the tracts
of land, called Bishopton, and Collins's lot; which tracts lie
contiguous to each other, and which parts are supposed also
contiguous to each other:
¾Being desirous of having his
said parts included in one survey, and of adding some
adjoining vacancy, he applies to the register of the E. shore for
a warrant of resurvey, and obtains a warrant to resurvey " a
tract of land called Bishopton and Collins's lot." A
certificate of resurvey is returned, and the surveyor certifies, that
he has included the defendant's parts of Bishopton and
Collins's lot, and has added adjoining vacancy: It appears, by
the plat, that the said parts do not lie contiguous to each other,
but that they are connected by the vacancy, or, in other
words, that the whole survey contains only one body of land.

    Against the said defendant's obtaining a patent on his
certificate are stated several objections:

    1. That there is no tract of land called Bishopton and
Collins's lot;
that from a warrant ought with certainty to appear
the vacancy intended to be thereby taken, in order that no
person may be deceived or prevented from applying for
vacancy; that, the vacancy included in this certificate lies
contiguous to a tract of land belonging to the caveator, and he has
actually included it in a resurvey:
¾

    2. That, even supposing the defendants warrant to be
construed, justly, a warrant to resurvey a tract of land called
Bishopton
, and also a tract of land called Collins's lot, inasmuch
as the defendant is seized of only parts of these two tracts,





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 389   View pdf image (33K)
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