from the face of Whitford's plat, that he has added vacancy
which is not, according to another established rule,
contiguous to his original: It appears that the first piece of added
vacancy is no way joined to the main body, unless by an angle
of one touching or running up to the angle of the other in
the following manner.
(See image for drawing)
The rule is, that if an angle of one tract runs up or
touches an angle, or even side, of another tract, there is no
contiguity between that other tract, and the land contained within
the two lines forming the angle.¾
This rule has been laid down with great attention, and if it
were not observed the privilege under a warrant of resurvey
(a) (founded as it originally was on no rational principle of
law or common sense) would, in many cases, extend almost
beyond bounds.
It appears therefore to the chancellor that the vacancy
marked B, in Whitford's resurvey, must be excluded, and
that nothing is shewn to deprive him of vacancies C and D,
inasmuch as they do not appear to be contained either in the
leased land or the valued land sold by the intendant to
Jones.
Whitford being thus excluded from vacancy B, there is no
apparent objection against Jones's certificate of Jones's surplus,
which is clear of every other part of Whitford's resurvey.
With respect to Jones's two certificates under the purchase,
the caveat must be admitted, because they both interfere with
Whitford's vacancy, C.
What then is finally to be done with these certificates? The
one returned by Clark comprehends the land contained in the
certificate of Jones's surplus, which at present appears to give
Jones a title to the land. The said certificate of Clark
ought not, indeed, under all circumstances, to have been
returned; and it would be eligible to have it vacated. ¾The
other certificate of Jones's purchase, made by the county
surveyor, may be corrected, by excluding Whitford's vacancy
C, provided Jones is willing to incur the risk of future
caveats by other persons, under acquired warrants or otherwise.
Let it be repeated, that Jones, under his purchase, had no
clear indefeazable right to a single acre not comprehended in
the lease, or valuation, mentioned in the certificate of sale.
(a) Note-The chancellor undoubtedly means here the privilege of
adding all contiguous vacancy, and the warrant of resurvey itself.
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