1324: LAND OFFICE. [ART. 54

1904, art. 54, sec. 27. 1888. art. 54, sec. 25. 1860, art. 54, sec. 18.
28. If the vacant land, or land which has escheated lies partly in one
county and partly in another, the warrant to survey the same may be
directed to and executed by the surveyor of either county.

Ibid. sec. 29. 1888, art. 54. sec. 27. 1860, art. 54, sec. 20.
29. Any person being the owner in fee simple of any lands may
obtain by application to the commissioner of the land office a warrant
of resurvey to resurvey said land, "whether the same consists of one or
several tracts or parts of tracts, and may add any contiguous vacancy
thereto.

While a warrant of re-survey gives the holder a prior right according to
its seniority, such holder must comply with the rules of the land office,
and if, without objection, he allows a party to whom a later warrant has
been issued, to acquire a patent, his interest is lost. "Contiguous vacancy"
construed in this connection. Steyer v. Hoye, 12 G. & J. 234.

The right to a warrant of re-survey to include contiguous vacancy, is
incident to every legal title; it has no application to an equitable interest.
When the contiguous vacancy is not included in a subsequent conveyance.
Hughlett's Case." 3 Bl. 475; Hoffman v. Johnson, 1 Bl. 103.

A patent will not be granted under a warrant of re-survey unless the
land is contiguous, though the survey may be corrected. Wilson v. Markle,
4 Md. Ch. 535; Buckingham v. Dorsey, 1 Md. Ch. 32; Baker v. Naylor. 4 Md.
Ch. 543.

If, however, the patent has been granted, it will not be vacated because
the land was not contiguous, or because the applicant had no legal title.
Buckingham v. Dorsey, 1 Md. Ch. 32.

Where a warrant of re-survey Is issued, the applicant and his assigns
acquire au equitable interest in the contiguous vacancy; contra, however, as
to vacant land separated from the original tract by an elder survey and
included in another grant subsequent to the date of said warrant. Howard v.
Cromwell, 1 H. & J. 118; Howard v. Cromwell. 4 H. & McH. 329.

If vacant land, not contiguous, is included in the certificate'of survey, it
is not notice of the location of the warraut until the certificate is returned
to the land office. Hamruond v. Warfield, 2 H. & J. 151.

If a party after applying for a warrant of re-survey, parts with his title,
his warrant of re-survey loses its effect as such, but may operate as a com-
mon warrant. Twlgg v. Jacobs, 4 Md. Ch. 541. See also, Buckingham v.
Dorsey, 1 Md. Ch. 32; Lee v. Hoye. 1 Gill, 188.

A certificate returned on a warrant of resurvey will not sustain eject-
ment. Jenifer v. Baker, 1 H. & McH. 57; Seward v. Hicks. 1 H. & McH. 22.

The office of a warrant of re-survey. Hoffman v. Johnson. 1 Bl. 103.

See notes to sections 33 and 40.

Ibid. sec. 30. 1888, art. 54, sec. 28. 1860. art. 54. sec. 21. 1839. ch. 34 sec 1
1841. ch. 333. 1854, ch. 322, sec. 1.

30. Any person entitled to lands in fee simple and being in posses-
sion thereof and not desiring to add contiguous vacancy may obtain
a warrant of resurvey from the land office, and it shall not be necessary
in such warrant to state the name of the tract or tracts of land to bo
resurveyed; and the surveyor of the county to whom such warrant shall
be directed shall survey the lands to be affected thereby according to
the possession and holding of the person obtaining such warrant, or
those under whom he claims for the last twenty years, and shall take
proof of such possession and holding.