LAND-HOLDER'S ASSISTANT.
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411
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by the original certificate and grant. It is certain
that, from the variation of the compass, the spot will not, from
that running, turn out to be the end of the 19th line. But as
8 and D are known to be boundaries, and, as one is to be the
end of the 19th, and the other the end of the 2nd line, the
surveyor may discover, by running again, or by repeated
runnings, the allowance for variation requisite to hit the spot D,
extending or shortening the 19th line, as the case may
require. And when the requisite allowance shall be thus found,
the proper allowance for all the other lines will be discovered,
according to another rule of law. It is extremely probable,
that, if all this shall be done, the chancellor, or any other
tribunal may be enabled to render justice, so far as respects the
tract of " New Holland renewed." There is no tribunal,
which, with an understanding of the dispute, could adopt any
one of the delineations in the plat for illustration, as the
proper way of laying down " New Holland renewed." The
chancellor does not think proper to direct that which he has
suggested, to be done. He leaves it entirely to the
discretion and choice of the caveator, with a declaration, that if no
further proof, or illustration, is to be offered, he must dismiss
the caveat, and leave all matters to be decided by a jury in
case either party shall think fit hereafter to institute an
ejectment.
¾
N. B. The grant of " New Holland renewed" calls for a
tree, at the end of the line next to the given line. It is perhaps
unnecessary to remark that if the said tree be known, the call
must be gratified by running the line to it, although the course
may thereby be altered as to both length and distance.
¾¾
HUGH WHITFORD )
agt. ) Cross caveats;
BENJAMIN JONES ) In the Land-office, Nov. 16, 1796.
and vice versa. )
It appears that the said Whitford, on the 30th day of July
1794, took out a warrant of resurvey on " Whitford's
adventure," and, on the 13th day of November following, returned
the certificate of Hugh's adventure, surveyed on the 11th of
September, containing considerable bodies of vacancy, which
are now in contest between him and Jones.
The said Jones claims under a purchase from the
intendant of a lease, said in the certificate of sale to contain 41 acres,
and of 60 acres of valuation.
In virtue of the said purchase, the said Jones had a survey
made by a special surveyor, containing 226 acres, in which it
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