title to the same is a bond of coveyance on which he has paid
the purchase money, and he has been from the time the
warrant issued in possession of the same original? and has there
been any other or different law or rule in the land office on
this subject since the American revolution from that which
prevailed before that event?
Answer. This answered above as to the first part. There
has prevailed this law before and since the revolution.
(Signed)
A. C. HANSON, Chancellor.
¾¾
14th. Has there been any other or further rule on the
subject contained in your answers to the defendant's 7th, 8th,
and 9th interrogatories, which has prevailed since the
revolution, and which did not prevail before,
Answer. I am positive that the same rules respecting the
subjects of the said 7th, 8th, and 9th interrogatories have
prevailed before and since the revolution, and indeed I have
never known them even controverted. If they have been
controverted in my time, in cases which I have forgotten, I am
positive that I must have decided instantly on the points.
¾¾
Questions put to Mr. Callahan¾
by the plaintiff.
1st. When did you first enter the land office.
Answer. In the latter end of the year 1767.
2d. Do you know of any proprietary regulations for
taking up vacant land except the written regulations now in the
office?
Answer. He does not know of any regulations given by
the proprietary for taking up land except those now of record
in the land office.
3d. Is it not, and has it not been the practice of the land
office since your recollection, on a caveat being entered, for
the judge, at the request of the parties or either of them to
appoint a day for hearing?
Answer. He believes that under the proprietary
government it was the practice generally for the parties to obtain
subpoenas without applying to the judges, though in some
cases the judges did appoint times for hearing: Since the
revolution, the chancellor has on application of either party
made appointment for hearing.
4th. At the day of hearing have not two questions
always been considered; first, the defects of the caveated
certificate, and second how it affected the person caveating?
Answer. He does not recollect any case where the
caveator did not at the time of hearing shew, or attempt to
shew, a superior title to the land caveated.
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