CUNNINGHAM v. BROWNING.—1 BLAND. 281

do so would be unjust to the public or to some individual, or because the
applicant had in some way failed to comply with the conditions of plan-
tation, or because the facts set forth in the proceedings are, in some
material particular, irregular or untrue, or because the lands specified
in the certificate are not vacant, but are, in whole or in part, included
in an elder warrant, entry, survey, or patent, (d)

It appears that James Cunningham, as assignee of two common
warrants, on the 31st of October, 1826, placed them in the bands
of the surveyor of Allegany County for execution; who on that
day, in pursuance of the rules and orders established by the Gov-
ernor and Council, noted down in his book the receipt of them,
and designated the place at which Cunningham desired to have
them located, in these words: "I herein locate the within warrants
for James Cunningham at a large spring on the west side of the
North Fork of the Little Crossings, and near a large oak tree,
marked J. C.; and adjoining the south corner of lot number
2,370." By virtue of these warrants, on the third day of Novem-
ber following, the surveyor laid out and surveyed a tract of land
for * Cunningham, containing two thousand four hundred
and eighty acres and one-half acre, to be held by the name 300
of Cheviot Dale. The certificate of survey was returned to the
land office on the 8th of January, 1827, and on the same day the
caution money was paid.

On the first day of November, 1826, Meshak Browning obtained
from the land office, a special warrant for two hundred and ten
acres of land, lying in Allegany County, in which warrant the
description of the location of the land is expressed in these words:
"On or near the head of the North Fork of the Little Crossings,
and at the large spring, called Browning's Spring, and also near
a place called Patke's Pane, and near the foot of the Meadow-
Mountain." By virtue of this warrant the surveyor says, in his
certificate, bearing date on the fifteenth day of the same month,
that he had surveyed a tract to be held by the name of Browning's
Hunting Ground, containing two hundred and ten acres, the loca-
tion of which he thus describes: "Beginning in the centre between
two bounded sugar-trees near the head, and on the west side of the
North Fork of the Little Crossings, and south twenty-six degrees
and three-fourths of a degree, west about eight perches from the
head of a large spring, called Browning's Spring, and south five
degrees and one-half degree, east about eight and one-half perches
from a large white-oak tree marked J. C., and running thence
north sixty-three and one-fourth of a degree, east forty-five perches
to a bounded hemlock tree standing at the Panthers' Pen, north
sixty-nine degrees;" and so on, describing a tract lying in the form
of a narrow oblong figure, in about the middle of the one side of

(d) Cited in Armstrong v. Percy, 34 Md. 430.