2nd. Doth not a court of equity consider every person
who is equitably entitled to land as the legal owner of the
land?
Answer. I might well object to this question, because the
answer might be drawn from Books: However, I will
answer so far as to say that, in general, a court of chancery
considers that which is agreed to be done as already done.¾
For
most purposes it will consider him who has contracted and
paid for land, without obtaining a deed, as the owner of the
land.
3d. Do you know of any decision in the land office under
the proprietary government agreeably to the opinion you have
given in your answer to the eleventh question put by the
defendant? If so in what case?
4th. Do you know of any decision in the land office
under the proprietary government agreeably to the opinion you
have given in your answer to the 12th interrogatory put by
the defendant? and if so, in what case?
5th. Do you know of any decision in the land office
under the proprietary government agreeably to the opinion you
have given in your answer to the 13th interrogatory put by
the defendant? and if so, in what case?
Chancellor. One answer to the 3d, 4th, and 5th questions
may suffice. I do not remember by name a single decision
in the land office before the revolution, nor (I may add) do I
recollect the substance of any such decision relative to the
subject of any of the said three questions.
¾¾
Questions propounded by the Defendant to the Chancellor, and
his answers thereto.
1st Question. By the rules of the land office can any
person entitle himself to a patent upon a certificate of resurvey
unless he is at the time of the grant, or was when he obtained
the warrant of resurvey, seized of the original so
resurveyed.
Answer. No. I conceive that there have been decisions
in such cases as this that the owner of a certificate of resurvey,
on caveat, cannot succeed unless he shew himself seized, or
having an interest.
2nd Question. Is the want of seizin or title to the land so
resurveyed a sufficient ground to vacate a certificate of
resurvey even after the composition money has been paid by the
owner of such certificate.
Answer. Yes. There has been no decision that I
recollect in my time: But I have understood that the question
|