400
| LAND-HOLDER'S ASSISTANT.
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vacancy intended to be secured by Peter, and lying as aforesaid
between Plain dealing and Addition to Flint's discovery, and
having claimed as vacancy a part of that which is proved
by Prigg's plat and deposition to have been intended to be, and
to have been actually secured by Peter, more than 30 years
ago, the question was, whether or not the chancellor could
think otherwise than that the land in dispute was originally
comprehended within some one or more of the tracts of land
belonging to the caveator. If he does not allow the caveat
in the present instance, he must totally disregard the
directions of the act of Nov. 1781, ch. 20. sec. 12: and the
intention of the legislature must be entirely frustrated. Had
Peter, indeed, at the time of taking up of Success, been
allowed to insert calls, the matter would have been placed
beyond all doubt. Not being allowed so to do, it was
impossible for him to do otherwise than he did to include in his
survey of Success all the vacancy bounded by his four other
tracts, unless he had thought proper to run the lines of
Success into his other tract, and compound for land already
belonging to him. He might, it is true, have taken out a
warrant of resurvey on the 4 tracts; and that would have been
the most eligible method: but this he was not obliged to do,
nor can it be material to enquire wherefore he did not pursue
that method. In short, the chancellor having no shadow of
doubt that the land in dispute has been granted to the
caveator; and the act of assembly being no less obligatory than
any other law framed for the purpose of prescribing to him
his duty; and equity and good conscience being, in his
opinion, clearly in favour of the caveator, the decree could not
have been otherwise than it was.
¾¾
CHARLES BEATTY)
a ) In the Land-office June 10, 1793.
ORENDORF )
AS a great number of cases of this kind are brought
before the chancellor; as there is no written law, from which
the nature and operation of a special warrant may be fully
known; as the usage of the land-office, and the decisions
of its judges, in a great measure, constitute the law; the
chancellor conceives it highly proper, on this occasion, to
deliver his opinion at large. It is essential to the welfare of
the people that not only the laws which affect liberty and life,
but those also, which relate to property, should, in some
manner be recorded, and not depend on memory and tradition.
For the purpose of laying the foundation of a patent for
vacant land only, there have been provided two kinds of warrant:
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