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476 HUGHLETT'S CASE.
to a legal title only; but when a certificate of survey on any kind
of warrant has been returned and compounded on, it then becomes,
so far, immediately a legal title, as to draw to itself a similar inci-
dental right to include contiguous vacancy. So that the vacancy,
thus surveyed and included, becomes a part, and not an incident of
the original tract; and it is no longer liable to be affected, or
acquired by an incidental right of resurvey.
The holders of this land, who claimed by descent from Aaron
Allford, held one parcel of it by a perfect, and the other by an
imperfect legal title. And being thus seised and possessed, they
distinctly and specially conveyed that parcel called Allford's Fancy,
for which they had a perfect legal title, and no more, to Goodman,
who conveyed the same tract precisely to the petitioner Hughlett.
In which conveyances there is nothing, that in any manner shews
it to have been the intention of Allford's heirs to convey the
vacancy which had been included by the resurvey called Aaron's
Addition. Hughlett is the purchaser of a part only of the land
held by the heirs of Aaron Allford; and consequently, he can have
no claim to a patent for that which they held by an imperfect legal
title, which they did not convey; and which was, at the time they
conveyed, in no manner to be considered as an incident to that
which they actually sold. But was, in fact, a part of the whole
number of acres they held, a portion only of which they sold ac-
cording to the express description of it contained in their deed.
The heirs of Aaron Allford alone, or those claiming under them, can
have a right to complete the imperfect legal title to the ninety acres
embraced by the resurvey called Aaron's Addition by a patent from
the state, (c)
Whereupon it is Adjudged and Ordered, that the said petition of
William Hughlett be, and the same is hereby dismissed with costs.
(c) Cunningham v. Browning, 1 Bland, 314.
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