McArthur v. Browder
17 U.S. 488 (1819)

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U.S. Supreme Court

McArthur v. Browder, 17 U.S. 4 Wheat. 488 488 (1819)

McArthur v. Browder

17 U.S. (4 Wheat.) 488

Syllabus

The rule which prevails in Kentucky and Ohio as to land titles is that at law the patent is the foundation of title, and neither party can bring his entry before the court. But a junior patentee claiming under an elder entry may in chancery support his equitable title.

A description which will identify the lands is all that is necessary to the validity of a grant, but the law requires that an entry should be, made with such certainty that subsequent purchasers may be enabled to locate the adjacent residuum.

An entry for one thousand acres of land in Ohio on Deer Creek,

"beginning where the upper line of Ralph Morgan's entry crosses the creek, running with Morgan's line on each side of the creek four hundred poles, thence up the creek four hundred poles in a direct line, thence from each side of the given line with the upper line at right angles with the side lines for quantity, held to be a valid entry."

Distinction between amending and withdrawing an entry.

Page 17 U. S. 489

The bill in equity filed in this cause by the appellant, McArthur, stated, that George Mathews, on 19 September, 1799, made the following entry with the surveyor of the Virginia army lands:

"No. 3717, 1799, September 19. George Mathews, assignee, enters 1,000 acres of land, on part of a military warrant, No. 4795, on Deer Creek, beginning where the upper line of Ralph Morgan's entry, No. 3665, crosses the creek, running with Morgan's line, on each side of the creek, 200 poles; thence up the creek 400 poles, on a direct line, thence from each side of the given line, with the upper line, at right angles with the side lines, for quantity."

That afterwards the entry of Ralph Morgan was withdrawn, and that in consequence George Mathews made the following entry:

"No. 3717, 1801, October 26. George Mathews, assignee, enters 1000 acres of land on part of a military warrant, No. 4795, on Deer Creek, beginning at two elms on the southwest bank of the creek, upper corner to Henry Mossies' survey, No. 3925, running south 45

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