Vowles v. Craig
12 U.S. 371

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U.S. Supreme Court

Vowles v. Craig, 12 U.S. 8 Cranch 371 371 (1814)

Vowles v. Craig

12 U.S. (8 Cranch) 371

Syllabus

If a person who has obtained a survey upon a military land warrant under the Commonwealth of Virginia for two thousand acres sell and transfer, for a valuable consideration, his right to the survey and assign the plat and certificate to the purchaser, whereupon he obtains a patent for the land in his own name, and if, upon a resurvey it appear that the grant conveys two thousand seven hundred acres, the vendor cannot in equity support a claim for the surplus against the vendee.

When an assignment is made of a plat and certificate of survey, the purchaser takes it subject to the risk of its containing a less quantity than is expressed on its face, and should it contain more, he is entitled to it.

This case, as stated by TODD, J., in delivering the opinion of the Court was as follows:

This suit was instituted on the chancery side of the Circuit Court of the United States for the Kentucky District by the complainants, now appellants as the heirs

Page 12 U. S. 372

and legal representatives of Mary Vowles, formerly Mary Frazer.

The bill alleges that in the year 1774, a survey was made for Mary Frazer as heir at law and only daughter of George Frazer, deceased, by virtue of the governor's warrant and agreeable to the royal proclamation of 1763, for 2,000 acres of land in Fincastle County on Elkhorn Creek, the waters of Ohio River. That according to usual and customary allowance made in this as well as other military surveys at that time, a considerable quantity of land over and above 2,000 acres is contained within the actual boundaries. That in the year 1778, whilst the said Mary was a minor, Michael Robinson, as guardian of the said Mary and who had intermarried with he mother, made a contract with the defendants Lewis, Joseph, and Benjamin Craig for the sale of the said 2,000 acres of land surveyed as aforesaid for the said Mary at the price of 30s. per acre, amounting to

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