THE RAIL ROAD v. HOYE. 263

general terms, and might have been fairly and properly intended to
embrace the same vacancy, without any knowledge, at that time,
of the survey of it under the name of Clara Fisher. And, besides,
if the location of River's Bend, made in the surveyor's book, cor-
responds fully with the survey of it, then the survey is such a fol-
lowing up of the right of pre-emption acquired by the location as
will give date, to the perfected legal title, by relation, from the date
of the location in the surveyor's book; but if it does not so cor-
respond, and there should be found any essential discordance be-
tween the location in the surveyor's book, and the actual survey,
then the perfected legal title of River's Bend, can only be carried
back to the 5th of June, the date of the actual survey, and not to
the 28th of May, the date of the location. (f) There is, there-
fore, room to doubt, whether the claimant of River's Bend made
the location in the surveyor's book with a full knowledge of the
previous erroneous survey of Clara Fisher; and also whether the
survey does, in fact, essentially conform to the special location made
in the surveyor's book.

The decision of the Chancellor on a caveat in the land office is
final, without appeal; and therefore, it has been the practice, in all
cases of just doubt as to facts, or where a matter of much impor-
tance or difficulty presents itself, which can be left open after a
patent shall have been issued, to permit each party to perfect his
legal title, so as to allow the matter to be brought either before
the Court of Chancery by a scire facias, or information to vacate
the patent, or before a court of common law in an action of eject-
ment, or otherwise; and thus give to the parties the benefit of a
more full and satisfactory investigation, and a final decision by the
Court of Appeals in some one or other of those modes; and so
virtually and in effect allowing them the benefit of an appeal as in
ordinary cases, (g) For these reasons I shall allow each of these
parties to obtain a patent.

Whereupon it is adjudged and Ordered, that each of the caveats
before mentioned, be and the same is hereby dismissed; each party
to pay his own costs.

(f) Cunningham v. Browning, 1 Bland, 311, 325.—(g) Johnson v. Hawn, Land
Hol. Ass. 417.