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| LAND-HOLDER'S ASSISTANT.
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caveator claims, the chancellor considers as done. A mistake
of the officer which is apparent on the face of the papers
ought not to affect the party. The equity of the case is
clearly on his side, and the caveator has nothing to complain
of. At the time of the caveator's obtaining his warrant, Z
P had made his surveys; and, at the time of the caveator's
making his survey, Z P had fully compounded;¾and before
Z P had made his surveys the caveator had done nothing to
obtain a title.
It is thereupon adjudged and ordered, that the caveat of
Nathan Prather be dismissed, and that no patent issue on the
certificate of " Nathan's meadow enlarged," unless it be first
corrected by excluding those parts which are contained in
the certificates of " Lucky discovery" and " Prather's
chance."
WILLIAM HOFFMAN) Caveat in the Land-office agt. Joseph
agt. ) Walker's certificate of a tract of
JOSEPH WALKER ) land called..............
The defendant admits that his certificate comprehends part
of the caveator's patented tract called " Grubby thicket."
This being the case there can be no dispute in this office; it
being an invariable rule that so long as a patent remains in
force, no part of the land therein contained shall designedly
be patented to another person.
The caveat is admitted and ruled good, and if the defendant
thinks proper, he may have an order for correcting his
certificate, by excluding such part thereof as is contained in the
aforesaid tract of land called Grubby Thicket.
December 8th, 1797.
¾¾
ANDREW, ISSACHAR, and )
MAHLON SCHOLFIELD ) In the Land-office,
agst. ) Dec. 23, 1797.
THOMAS BEALL of George. )
Two certificates belonging to the defendant are caveated,
viz. Prospect Valley, and the resurvey on Prospect Valley,
called Mount Vernon. The said resurvey, it seems, was
made agreeably to the ancient practice of this office, which
allows a person, before patent, to take a warrant of resurvey
on a certificate on which no composition money remains due.
The ground of the caveat is that Prospect Valley, by running
across the " Great Fall branch" an elder tract, contains in
truth two separate unconnected tracts, contrary to an
established rule. There is no doubt that Prospect Valley is, on
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