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CUNNINGHAM v. BROWNING.
Spring and the Panther Pen." In no one of these descriptions is
any course, distance, or line distinctly named; yet it is perfectly
manifest, that each one specifies a space, or area of land, so very
accurately, that it cannot be mistaken, and in a manner that cannot
be made to suit any other land.
After what has been said, the description given in Browning9s
special warrant can scarcely require a single remark. It is deficient
in every particular, and in fact amounts to nothing. It does not
describe any space, area, or tract of land whatever. It does no
more than designate points or spots; but whether by so doing it is
meant to indicate the place where the outlines of a tract are to
begin; or whether the quantity called for is to be laid off ^ound
them as the centre; or in what direction from them, is not said.
But it will be difficult to conceive of a description which has more
entirely excluded every idea of space, area, or tract, than that con-
tained in this special warrant of Browning. For every purpose of
giving title to any tract of land, it is a mere nullity. But allow to
it every thing to which it can pretend; let it be considered as no
more than a description of the place of beginning; and then, even
to that extent, it can now be of no avail to the party; since it
appears by the certificate of survey, that the boundaries have not
been commenced at the place thus specified; and the survey not
having pursued the description given, it is in itself a total aban-
donment of every special pretension under the warrant.(i) As to
the nature and sufficiency of the description of the place of begin-
ning, which Cunningham caused to be noted down on the surveyor's
book, nothing need be said, as he has not relied upon it for any
purpose. It appears from the plot returned, that Browning's Hunt-
ing Ground runs entirely across Cheviot Dale. Browning inay,
therefore, have his certificate so amended as to comprehend either
parcel of land within the lines of his present certificate, which is
not covered by Cheviot Dale.(j)
Whereupon it is adjudged, that the caiwat of James Cunningham
be and the same is hereby ruled good as to the whole extent of
Browning's Hunting Ground comprehended within the lines of the
tract called Cheviot Dale. And it is further adjudged, that Meshak
Browning have leave so to amend his certificate as to exclude all
the land lying within the tract called Cheviot Dak; and that the
said Browning pay all costs.
(i) Land Ho. Ass. 472,480.—(j) Garrettson v. Cole,1 H. &. J. 374.
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