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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 542   View pdf image (33K)
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542 HIGH COURT OF CHANCERY.
which a common warrant could affect, and the warrant in this
case may, therefore, be regarded as possessing the qualities of
a common warrant. In this view, the holder of this warrant
might be entitled to a patent for the land included in this sur-
vey, but that it appears by the plat returned under the order
of the 19th of June last, that nearly all the land included in
his survey has been previously granted, and as the state will
never knowingly grant the same land a second time, the caveat
filed in this case must be ruled good.
THOS. S. ALEXANDER, for the Caveator.
NELSON BAKER AND
GEORGE SMITH
vs.
HENRY NAYLOR.
LAND OFFICE, 18TH OF JANCARY, 1851.
[PRACTICE IN THE LAND OFFICE.]
A CERTIFICATE of survey embraced several lots contiguous to each other, but
upon a caveat it was admitted, that two of these lota belonged to another
party, by the intervention of which, the contiguity of the others was destroy-
ed. HELD—That the certificate may be corrected, so as to exclude from the
survey certain lots separated from the others by this intervention.
[A certificate of survey granted to Henry Naylor, upon an
escheat warrant, embraced seven contiguous soldiers lots in Al-
leghany county, numbered 1121,1122,1131,1132,1134,1920
and 1923, and was caveated by Baker & Smith. It was ad-
mitted that Smith had title to lots 1132 and 1928, at the time
of the issuing of the warrant, and that these two lots destroyed
the contiguity of the others. Naylor then asked leave to have
his certificate amended, so as to embrace lots 1121, 1122 and
1131. Upon this question the Chancellor delivered the follow-
ing opinion and order.]
THE CHANCELLOR:
In this case it is manifest and is conceded, that the caveat of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 542   View pdf image (33K)
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