The ground of the caveat was, that the land surveyed for
Beatty was originally included within the lines of a tract or
tracts of land formerly granted, and now the property of the
caveator; and that, if not included by the present runnings,
it is left out by the variation of the compass.
The chancellor, on several occasions has declared that
having found no general rule for fixing the ratio of variation, he
can make no allowance; and that, therefore, in every case of
this kind, he will dismiss the caveat, and refer the parties to
their trial at law, unless the caveator can produce direct or
positive proof, or such pregnant circumstances as place the
matter beyond doubt, that the land, claimed as vacant, was
comprehended in the original runnings of a former grant or
grants.
In the present instance, the land surveyed for Beatty (if it
be vacant) runs between two tracts belonging to the caveator,
called Plain dealing, and Addition to Flint's discovery: it
appears from a plat, made by J. F. A. Priggs, surveyor of the
county, in the year 1760, and the deposition of the said
Briggs, thereon indorsed, that the caveator, being seised of
the said two tracts, at one extremity took up a tract of land
called " Little Chance," the lines of which ran from one tract
to the other, and at the other extremity, took up another
tract called " Fortune," the lines of which also run from one
tract to the other; that in consequence thereof there was a
considerable vacancy, bounded every way by the said four
tracts of " Plain dealing," " Little chance," " Addition to
Flint's discovery," and " Fortune": that the caveator then
made another survey called " Success" the intent whereof
was to secure the whole vacancy aforesaid ; that he the said
surveyor run the lines of all the said first four tracts and
actually included all the vacancy in the aforesaid survey of
Success: that in laying out the aforesaid three tracts, Little
chance, Fortune, and Success, the given lines of Plain dealing,
and the east line of Addition to Flint's discovery, viz. two
lines parrallel to each other were made, the bounds and limits
on the north and south: and that the said lines were closed
by the said three tracts, as appears by the plat.
Again¾The surveyor who laid down all the lands for
illustration has certified and sworn to his whole work, and
produced pregnant circumstances to prove, that the lines of
Addition to " Flint's discovery" originally ran as laid down more
than 30 years ago by Priggs, who laid down from a sworn
witness the tract called Addition to Flint's discovery.
Now the said Beatty having made his surveys on the
grounds that Addition to Flint's discovery ran differently from
what was laid down by Priggs, and that the three tracts of
Little chance, Fortune, and Success, did not comprehend all the
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