Craig v. Radford
16 U.S. 594

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U.S. Supreme Court

Craig v. Radford, 16 U.S. 3 Wheat. 594 594 (1818)

Craig v. Radford

16 U.S. (3 Wheat.) 594

Syllabus

If, under the Virginia land law, the warrant must be lodged in the office of the surveyor at the time when the survey is made, his certificate, stating that the survey was made by virtue of the governor's warrant and agreeably to the royal proclamation of 1763, is sufficient evidence that the warrant was in his possession at that time.

The sixth section of the Act of Virginia of 1748 entitled "An act directing the duty of surveyors of lands" is merely directory to the officer, and does not make the validity of the survey depend upon his conforming to its requisitions.

A survey made by the deputy surveyor is in law to be considered as made by the principal surveyor.

An alien may take by purchase a freehold estate which cannot be divested on the ground of alienage, but by inquest of office or some legislative equivalent thereto.

A defeasible title thus vested during the War of the Revolution in a British born subject who has never become a citizen is completely protected and confirmed by the ninth article of the treaty of 1794 between the United States and Great Britain.

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