Lodge's Lessee v. Lee - 10 U.S. 237 (1810)
U.S. Supreme Court
Lodge's Lessee v. Lee, 10 U.S. 6 Cranch 237 237 (1810)
Lodge's Lessee v. Lee
10 U.S. (6 Cranch) 237
A grant of an island by name in the river Potomac, superadding the courses and distances of the lines thereof, which on resurvey were found to exclude part of the island, will pass the whole island.
Ejectment by Lodge against Lee for part of an island in the Potomac River called Eden, but now generally called Lee's Island.
The plaintiff's lessor had taken up the land in the year 1804, as vacant, supposing that the defendant's claim must be bounded by the course and distance, allowing one degree of variation for every 20 years since the certificate of survey was made under which the defendant claims.
The defendant claimed under a patent from the Lord Proprietor of Maryland dated in 1723, which granted to Thomas Lee