LAND-HOLDER'S ASSISTANT.
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409
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It is improbable, whatever point of Patuxent was meant for
the end of the seventh line, that it was in view of the surveyor
at the red oak. It would be a matter of labour and science
to take any two distant points, and ascertain the bearing of
one from the other. This then seems likely;¾the surveyor
having resolved that the point G should be the end of the 7th
line, he made a shrewd guess at its bearing from the red oak,
and, without measuring the distance, set it down N. W.¾
The party then, knowing the intent, occupied, let the land
accordingly; and hence it is that we have strong proof in
the cause that G was considered as the end of the seventh
line. That such proof will controul the expression of N. W.
on a trial by jury, the chancellor cannot presume to say;¾
But inasmuch as his conscience is far from being satisfied
that the land surveyed for the defendant is contained in the
tract called " Ayno," he cannot think himself justifiable in
admitting the caveat. He considers, that an admission of the
caveat puts an end to the caveator's pretentions, and that by
allowing the defendant to take a patent, he only leaves the
parties to a contest before that tribunal which is fitted to decide;
where every proof which can throw light on the subject will
be produced, and where the judges of fact will be instructed
by judges of law. As, indeed, the subject of dispute,
with respect to the caveator will be only whether, under a
grant for 400 acres, he shall hold 861 or only 754, he cannot
reasonably deem it a hardship to be referred to that tribunal.
It might indeed seem monstrous, if, under the circumstances
of this case, the chancellor should give a decision which
would bar the defendant for ever, and which might probably
deprive the state of caution money to which it is fairly
entitled.
It is thereupon adjudged, and ordered that the caveat of
John Ashton against the certificate of a tract of land called
" Hammond's right" containing 107 acres, be, and it is
hereby, overruled, and dismissed.
¾¾
THOMAS HARWOOD ) Caveat in the Land-office against the
vs. ) certificate of a tract of land called
JOHN RICHARDSON ) Conclusion.
THE chancellor has examined the papers filed by the
parties, together with the original certificate and plat of " New
Holland renewed." ¾It appears to him, that the parties have
directed this tract to be laid down arbitrarily, and that none
of the delineations made by the surveyor, in pursuance of
their directions, can be supposed right, or to correspond with
the grant.
B B b
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