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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 535   View pdf image (33K)
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WILSON VS. MARKLE. 535
county, taken out by Jonathan Wilson was caveated by James
Condy and Jacob Markle. 1st, because the lots named in the
survey as contiguous are in fact separate and distinct; 2d, be-
cause the certificate of survey attempts, contrary to law and
practice, to connect lots which are separate by intervening
vacancy, and thereby make them contiguous; 3d, because the
plat and certificate by failing to gratify the calls of the original
patents of these lots create vacancies where in fact none existed;
and, 4th, because the certificate includes land already granted.
A certificate for "Summit Point," owned by Markle, was eave-
ated by Wilson, as was also a certificate for "Sacramento."
Upon these several caveats the Chancellor delivered the follow-
ing opinion.]
THE CHANCELLOR:
It seems to be the undisputed law of the land office, that a
patent will not be granted for lands taken up under a warrant
of resurvey which are not contiguous. And with regard to the
certificate of "Conway," it is quite apparent, that the necessary
contiguity has been effected by shortening the lines of some of
the original lots. This abridging the lines is not denied, but it
is attributed to the mistake of the surveyor and the suggestion
is made that if the certificate is sent back for the purpose of
correction and the lines are extended to their full length, va-
cancies will still be found, and the required contiguity shown to
exist.
It is also suggested on the part of Mr. Wilson, that he is en-
titled to abandon a portion of the lots comprehended in his sur-
vey and take a patent for such as are contiguous.
This right to abandon that which was not liable to be taken
up under his warrant, and take the lands which were liable, can
scarcely be disputed. Hoffman vs. Walker, Landholders' As-
sistant, 420. But then not content with this, the same party
asks that another question may be kept open and undecided
affecting the rights of other parties, for the purpose of ascer-
taining whether the surveyor did not make the mistake which
has been imputed to him.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 535   View pdf image (33K)
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