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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 330   View pdf image (33K)
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330 CUNNINGHAM v. BROWNING.

When speaking of the location of a line, an idea of the place of a
certain longitudinal extension, limit, or boundary, is presented to
the mind; but in contemplating that subject, we form no idea of
space, or any superficial extent. We can, however, have no other
idea of the location of a tract of land, than that it is a space, a
superficial extension, an area, a surface comprehended within
certain confines. The word location, in reference to a tract of land,
must, therefore, always be attended with these ideas. It is a place
of greater or less extent. It may be a small lot, or it may be spread
out to an extent of many hundreds of acres. It is still an indi-
vidual, entire location, or place small or large.

The term location is also often used in our judicial proceedings as
synonymous with the word description. Thus it is said, that the
location is uncertain, that it is ambiguous, or that it has a double
aspect. The word in these instances evidently means, that the
description of the place, the area, or the space of land is uncertain,
ambiguous, or that it has a double aspect. Because the description
of the land may have one or two aspects; it may be gratified in all
its parts by being located in one position or another. But, it would
seem to be absurd to say, that a place had a double aspect, or that
it was a place which admitted of being put in one place, or in
another place. Hence, in most, if not all instances, by ambiguity
of location, uncertainty in the description of the location is really
meant. For it is difficult to conceive how the location of any one
piece of land can be deemed certain, or become known, in contra-
distinction to any other parcel, but by the accuracy of its description.
The location or place of any one space or tract of land, it is most
manifest, can only be distinguished from other spaces or tracts by
the preciseness of its description. And that description does
nothing towards the designation of a tract of land if it stops short
of defining one whole and separate space or area.

By the rules for the direction of surveyors, the surveyor is
required, upon the receipt of any common warrant, to note down
in a book to be kept for that purpose, the time of receiving it, the
quantity of acres included therein, the date thereof, and at what
place the person who obtains it locates the same.(d) So that the
entry of a special location in the surveyor's book, is substantially
the same as the entry of a special warrant with the register of the
Land Office. In regard to which it has been laid down, that if a

(d) Land Ho. Ass. 435.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 330   View pdf image (33K)
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