be vacated as to the vacancy not contiguous, and patent
issue to the younger certificate.
Answer. Yes. I suppose it is meant that the land
contained in the certificate lies in two separate parcels.
¾¾
Additional interrogatories of the Defendant.
11th. Is a man by the law and practice of the land office
entitled to a patent on a certificate including vacancy,
returned upon a warrant of resurvey, and on which he has paid
the composition money for the vacancy included, if it appears
on caveat that he has no legal estate in the original but his
whole title is a bond of conveyance for the same, and he has
neither paid the purchase money for the land, nor ever been
in possession of the same? And has there been a new or
different law or rule on this subject since the American
revolution from that which prevailed before that event?
Answer. When the chancellor was interrogated respecting
equitable title, he was apprehensive that this was the case
of equitable title meant. He answers, without hesitation,
that in no case can a bond from A to B for the conveyance of
a patented tract of land give B a right to a warrant of
resurvey on the said tract, whether B had paid the purchase
money or not, or whether he was in possession or not.
I accede to the answer of the chancellor,
JNO. CALLAHAN.
¾¾
12th Question. Is a man by the law and practice of the
land office entitled to a patent on a certificate returned upon a
warrant of resurvey including vacancy, and on which he has
paid the composition money for the vacancy included, if it
appears upon caveat that he has no legal estate in the original, but
his only title to the same is a bond of conveyance for the same,
and he has paid the purchase money for the original, but has
never been in possesssion of the land. And has there been
any other or different law or rule on this subject since the
American revolution from that which prevailed before that
event.
The Chancellor. This question answered above.
(Signed)
A.C. HANSON, Chancellor.
¾¾
13th. Is a man by the law and practice of the land office
entitled to a patent on a certificate returned upon a warrant of
resurvey including vacancy and on which he has paid the
composition money for the vacancy included, if it appears upon
caveat that he has no legal estate in the original, but his only
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