INDEX.—1 BLAND. 657

LAND WARRANTS.

1. The office of a warrant of resurvey. Hoffman v. Johnson, 95.

2. The right to take in contiguous vacancy under a warrant of resur-
vey, is a privilege incident to a legal, not an equitable title. "Where
a tract of land is sold as containing so many acres, more or less,
a reasonable allowance for small errors, &c., is to be made. But
where an allowance may be claimed for deficiency, it may be made
up by the vendor, by taking in contiguous vacancy under a war-
rant of resurvey, before he has parted with his legal title; and the
vendee will be bound to receive the vacancy so added, so far as to
make up the alleged deficiency. Ib.

3. There are five several kinds of warrants by which an applicant may
obtain a patent for the land he proposes to purchase, i. e. common
warrants, special warrants, warrants of resurvey, proclamation
warrants, and escheat warrants. Cunningham v. Browning, 280.

4. The first designation of the land aimed at by one who wishes to pur-
chase from the State, from the date thereof, by a special warrant in
the land office, or by a special location on the surveyor's book, or by
a certificate of survey, gives an incipient title against all others. Ib.

5. The right thus acquired is not an equitable interest; but an imperfect

legal title, which, when completed, by a patent grant, is considered

as a legal title, by relation from the date of the incipient title. Ib.

6. A special warrant, or a special location, to be deemed an incipient
title, must so describe a space or area of land, as to distinguish it
from all other tracts. Ib.

LIEN.

1. A widow, who elects to take the estate devised to her, in lieu of
dower, is to be deemed a purchaser for a fair consideration to the
value of her dower, and must have her claim sustained as a lien,
to that extent, in preference to creditors. Margaret Hall's Case, 192.

2. The nature of a vendor's lien, and how it differs from other liens.
Moreton v. Harrison, 463.

3. The vendor's lien, to secure the payment of the purchase money, is
an. incident of every contract for the sale of real estate; unless
such lien be waived or relinquished. Ib,

4. A vendor's lien can only be barred by a lapse of twenty years. Ib.

5. An admission by the vendee, within the twenty years, that the pur-
chase money had not been paid, sustains and continues the vendor's
lien. Ib.
6. The lien of the State commences with the institution of the suit, and
therefore it should be distinctly shewn. Hodges v. Mullikin, 475.
7. The vendor's equitable lien an incident to a contract of purchase: its
peculiar nature and character; two equitable liens upon the same
estate may well exist together. Iglehart v. Armiger, 488.
8. An equitable lien, not being assignable in its nature, is extinguished
by the assignment of the bond or note given for the payment of the

purchase money. Ib.
9. The assent of parties cannot authorize the passing of a decree for
which the case set forth in the bill affords no sufficient foundation.
Ib.

42 1 B.