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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 450   View pdf image (33K)
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450 LAND-HOLDER'S ASSISTANT.

 

caution money was paid before any other person had obtained
a warrant to affect the vacant land included in such
resurvey.

    The Chancellor. Not to be answered.

    14th Question. Where a resurvey has been made that
runs through elder tracts so as to include separate pieces of
vacancy, and the caution money is paid for the land contained
in the resurvey, was not more money paid for the land than
the proprietor or the state would have received if the
detached pieces had been separately taken up.

    Answer. I conceive this is a question which has little or
nothing to do with the rules or practices of the land office, and
which any person of common intelligence might answer as
well as the chancellor: But, I do not perceive how more
money was to be paid (for instance) for 100 acres of vacancy
in one tract than for 100 acres in 5 tracts. There are in each
case 100 acres to be paid for. To be sure, in the first case he
pays for the land contained in the elder survey, belonging to
another person, and therefore he pays more, &c.

    15th Question. Has such a survey ever been vacated or
corrected unless at the instance of the owners of the patented
tracts so run through, or at the instance of some individual
who had obtained a warrant to affect the vacant land? if so, in
what instance?

    Answer. I have little recollection of cases. I therefore,
without consulting the register or examining proceedings in
the office, say, at this time, that I do not remember that such
a survey has been vacated, or corrected, unless on the
application of the owners of the patented tracts runs through, or at
the instance of some individual who had obtained a warrant
to affect the vacant land: But, on the appplication of the
owners, assuredly, the survey would not be corrected, although
their caveats would be ruled good. When a caveat is ruled
good, it rests with the owner of the certificate to say
whether or not he will have an order for correction. Sometimes
he applies for such an order, and sometimes he prays that his
certificate may be vacated. He acts as he conceives suits his
own interest.

Additional interrogatories for the plaintiff.

    1st. Do you know of any rule or practice of the land
office establishing a distinction that a warrant of resurvey
may issue on one equitable interest and not on another?

    Answer. Certainly, there has been no decision within my
memory that distinguishes the equitable interest on which a
warrant of resurvey may issue from another equitable interest
on which the warrant may not issue. I have in my answers
referred to the only two cases on the subject which I
recollect.



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 450   View pdf image (33K)
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