cause, is the true location; and that forasmuch as the said
location includes the whole of Joseph Chapline's tract, called
True Friendship, the caveat of the said Smith against the
certificate of True Friendship ought to be allowed.
The chancellor is further of opinion, that as the said
location includes nearly the whole of Joseph Chapline's tract
called Good Neighbour, the caveat of the said Smith against
the certificate of Good Neighbour ought to be allowed; and
that the said Chapline if he thinks proper, may have an order
for correcting the said certificate, by excluding all that part of
the land which lies, agreeably to the said location, within the
tract called True Establishment.
The chancellor is also, of opinion that the said Chapline's
caveat against the said Smith's tract of land, called Eye-trap,
ought to be allowed; and that the said Smith, if he thinks
proper, may have an order for correcting the certificate of
Eye-trap, so that the lines thereof shall correspond with the
lines of True Establishment, agreeably to the aforesaid
location.
June 3, 1794.
¾¾
THOMAS BEALL)
vs. ) Caveat in the Land-office,
DAVID LYNN. ) October 16th, 1794.
Dickeson Simkins, under whom the caveator claims, in
virtue of a warrant, granted in the year 1786, returned a
certificate of resurvey, in which was included vacant land,
and on the said certificate a patent hath been issued.
David Lynn, in virtue of a special warrant dated January
14, 1791, returned a certificate of survey, in which is
included the land aforesaid, patented to Dickeson Simkins; and the
said certificate is caveated by Thomas Beall, the assignee of
the said Simkins, as aforesaid.
The land in dispute lies on the eastern side of Will's creek;
but it lies westward of a right line drawn due north from the
most western corner of Fort Cumberland.
The said fort is situated on a point of land, formed by the
junction of the river Potomac and the said Will's creek, the
course of which, for about 1½ miles from the fort, is about
north north west or north west by north, and then about north
north east or north east by north, until it reaches the
Pennsylvania line, which is about three or four miles distant from
the fort, ¾so that one, two, or three thousands of acres lie
between the north line aforesaid and Will's creek, and the
land in dispute as aforesaid is part of them.¾
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