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pre-emption right on the east side ed to be surveyed by the warrant.
of a road, the 400 acres allowed

Id.

ib.
for the settlement right must be 10. The locator of a warrant, under
surveyed entirely on the cast side the law of Virginia, under-
of the road, and in the form of a

takes himself to find waste and
square. Bodley v. Taylor, 192 unappropriated land, and bis patent
5. The call for the settlement rig!! is

issues upon his own information to
sufficiently certain, but the call for the government, and at his own
the pre-emption right is too vague,

risk. He cannot be considered as
and must be rejected. ld. ib. a purchaser without notice. Tay.
6. A defendant in equity who has ob-

lor v. Brown,

236
tained a patent for land not inclu. 11. The equity of the prior locator ex.
ded in his entry, but covered by

tenus io the surplus land surveyed,
the complainants' entry, will be

as well as to the quantity mention.
decreed to convey it to the com-

ed in the warrant. Id.

ib.
plainants; but the complainants
will not be required lo convey to LAW OF NATIONS.
the defendant the land which
they have obtained a patent for, A vessel, sailing ignorantly for a block.
which was covered by the defend.

aded port, is not liable to capture
ant's entry, but which, by mistake,

under the law of nations. Peaton
he omitted to survey. Id.

ib.
V. Fry,

335

L

LIMITATIONS.

LANDS.

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1. See Deeds, 1, 2, 3, 4. 22. 154
2. Lands included in the Zaneville

district in the state of Ohio, by the
act of the 3d of March, 1803, could
not, after that date, be sold at the
Marietta land-office. Matthews v.
Zane,

92
3. See Kentucky, 2, 3, 4, 5, 6. 191
4. See Evidence, 3.

202
5. See Equity, 4, 5, 6, 7, 8, 9, 10. 262
6. The certificate of survey is cuffi.

cient evidence that the warrant
was in the hands of the surveyor.
Taylor v. Brown,

234
7. That clause of the land law of lit.

ginia, which requires the survey
to be recorded within two morthy
after it was made, is merely site
rectory to the surveyor ; and his neue
glect to record it does not invali.
date the survey. Id.

235
8. It is not necessary that the deputy

surveyor who made the survey,
should make out the plat and cer.
tify it. It may be done from his
notes by the principal surveyor. Id.

ib.
9. A survey is not void because it in.

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A mandamus will go to a district

judge to cause his sentence to be
executed, although a stale legisla.
ture shurid declare that sentence
voill. United Stater v. Judge Pen

115

cludes morc lendian West direct.

ters,

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PLEADING.

1. See Payment,
2. See Plene Aaministravit,
3. See Oyer,
4. See Demurrer, 2.

11
19
257
257

PLENE ADMINISTRAVIT.

Upon the issue of plene administravit,

the jury must find specially the
amount of assets in the hands of
the executor, otherwise the court
cannot render judgment upon the
verdict. Fairfax v. Fairfax, 19

POSSESSION.

1. See Limitation, 2.
2. See Fraud, 3.

358
361

PRACTICE.

1. See Error, 1.
2. See Alexandria, 3.
3. See Error, 2.
4. See Jurisdictiun, 2.
5. See Plene Administravit,

See Citation, 1.
7. See Insurance, 6.
8. See De

ition, 1.
9. See Error, 6.
10 Sec Oyer,

1
2
11
13
19

19
100
187
197
257

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UNITED STATES.

In the distribution of a bankrupt's ef-

fects in this country, 'the United
Stutes are entitled to a preference,
ZANEVILLE.

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See Jurisdiction, 14.

304

VIRGINIA.

49

The lands included within the Zane-

ville district, by the uc: of the 3d
of March, 1803, could not, after
that date, be suini at the Mariella
land-office. Viatthews V. Zane, 92

1 See Bank of Alexandria, 2.
2. See Endorsement, 2, 3, 4, 5, 6,

7. 9. 11.

END OF THE FIFTH VOLUME.

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