402
| LAND-HOLDER'S ASSISTANT.
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A special warrant with a location is, however, proper;
and he that obtains it, for the purpose of obtaining a
particular tract, may easily secure it against a prior survey under a
younger warrant, although he cannot do so by a description
equally applicable to a different tract.¾He may easily give
such a location as will announce and explain his intention.
The vacancy aimed at by a special warrant generally lies
between two tracts, or is bounded by several tracts.¾If it be
contiguous to one tract only, the warrant may express the
particular line, or the corner or extremity of the tract to which
the vacancy is contiguous; the description may be enlarged,
by inserting trees, hills, branches, fences &c.¾In short it is
the opinion of the chancellor that no other rule can obtain but
this,¾that the description of the warrant shall suit none but
the land contended for, and it shall be so full and certain as
plainly to point out the intention¾
In the present case it has been contended that the party
may be admitted to prove his intent by parol evidence; ¾But
this appears inadmissible. Whenever parol evidence is
admitted to explain the intent of a deed, or writing, it is the
meaning of both parties which is to be enquired into.¾
Now, the state, which is one of the parties, can intend
nothing but what appears on the warrant itself.¾If the
warrant does not describe, with certainty, the land to be affected,
the state can be considered as meaning only to give him a
right to survey so many acres, wherever the party can find
them.¾
But wherefore should parol evidence be admitted to
ascertain that which from the nature of the transaction, and on
account of the state, and of its other citizens, ought to be
apparent on the warrant itself? for, until that parol evidence be
actually produced, none but the party himself, or his
witnesses, can know the intent. The establishment of such doctrine
would tend to encourage fraud, and another consequence
might be, that a warrant for fifty acres, contiguous to a tract
of two thousand, would, from the uncertainty of the intent,
prevent any of the land contiguous to that extensive tract
from being taken up, so long as the warrant is unexecuted
and in force.
It is thereupon, ordered, that the caveat be dismissed.
¾¾
THOMAS SMITH ) (JOSEPH CHAPLINE
agst ) and ( agst
JOSEPH CHAPLINE) (THOMAS SMITH
The chancellor, upon hearing these caveats, is of opinion
that the location of Thomas Smith of the patented tract of
land called True Establishment, on the plat returned in this
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