Cage v. Danks

This is an action of bornage. The defendant only has exhibited her titles. The decree of the court awards to the plaintiff a portion of the land lately in her possession and which she has just recovered by a decree of this court in the possessory action.

The District Judge correctly assumed that the original survey referred to in the patent to defendant’s vendors could not be set aside, and disregarded by any recent survey which the Government might make for its own purposes. The United States having parted with its title by a patent legally issued, and upon surveys legally made by itself and…