United States Supreme Court Cases & Opinions

U.S. Supreme Court

McDowell v. Peyton, 23 U.S. 10 Wheat. 454 454 (1825)

McDowell v. Peyton

23 U.S. (10 Wheat.) 454

Syllabus

The following entry,

"I.T. enters ten thousand acres of land on part of a Treasury warrant, No. 9739, to be laid off in one or more surveys lying between Stoner's Fork and Hingston's Fork, about six or seven miles nearly north east of Harrod's Lick, at two white ash saplings from one root, with the letter K marked on each of them, standing at the forks of a west branch of Hingston's Fork, on the east side of the branch, then running a line from said ash saplings south forty-five degrees east, one thousand six hundred poles, thence extending from each end of this line north forty-five east down the branch until a line nearly parallel to the beginning line shall include the quantity of vacant land, exclusive of prior claims,"

is not a valid entry, there being no proof that the "two white ash saplings from one root, with the letter K marked on each of them, standing at the forks of a west branch of Hingston's Fork" had acquired sufficient notoriety to constitute a valid call for the beginning of an entry without further aid than is afforded by the information that the land lies between those forks.

Page 23 U. S. 455