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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 449   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 449

 

    Answer. If asked whether such a case could exist, I would
answer I knew of no such cases. The fact is, that I had,
before the revolution, little opportunity of knowing
proceedings in the land office, under the old government: the
knowledge of former proceedings in the land office which I have
since gained, has been from examination of the register, and
of the records and papers in his possession.

    9th Question. Has it not been the usage and practice of
the land office, on the trial of a caveat, that the interest of
the caveator should appear?

    10th Question. On the hearing of a caveat, unless the
caveator's interest in the land in dispute appears, has it not been
the usage and practice of the land office to dismiss the caveat;

Answer to the two preceding Questions.

    I positively say that there has been no such usage or
practice:¾ that is to say, there is no rule under which a caveat
must be dismissed merely because the caveator shews no
interest. Where the caveator shews no interest, but shews a
cause of caveat, the judge determines merely with attention
to the interest of the state, or perhaps its officers.

    11th Question. Has it ever been the practice of the land
office, or was ever a certificate of resurvey vacated on the
ground the person made the resurvey had no interest in the
land resurveyed; or because the resurvey crossed elder
tracts, when it appeared at the time of the resurvey, at the
examination of the certificate, and at the payment of the
money for the vacant land, no other person had obtained a
warrant to affect the land included as vacancy? If so, in what
instance?

    The Chancellor. Not to be answered.

    12th Question. Do you know of any usage or custom
that directs the judge of the land office to vacate a
certificate because a rule of the office has been violated, but the
violation of which rule did not, and could not injure or impair the
proprietary interest
¾ and where is the same to be discovered?

    Answer. I certainly do not know of such a rule; But I
humbly protest against any general questions by which I may
be entrapped. Suppose it alledged that the rule was laid
down in such or such a particular case, or that a certificate
was in such a case vacated merely on account of a violation
of a rule, which did not injure or impair the proprietary's
interest,
¾ I might have been asked whether such a case
existed.

    13th Question. Was the interest of the proprietor
injured or impaired by a resurvey having been made on a tract of
land of which the person resurveying was not seized in fee, or
was any other person's interest affected provided the whole

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 449   View pdf image (33K)
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