Smith v. Wells

Ejectment for a tract of 440 acres of land, called “Danger, ’ ’ situate on Raccoon creek.

The lessor of the plaintiff founded his legal title on a warrant dated 16th March 1786, a survey thereon by John Hoge, deputy surveyor, and a patent dated 7th September 1786.

The defendant’s counsel objected, that the survey was made by one who had no authority, that the lands lay within the district of Presley Nevil and Matthew Ritchey, esq. and that by the 15th section of the act of assembly, “to provide fur- ‘ ‘ ther regulations, whereby to secure fair and equal proceed- ‘ ‘ ings in the land office, and…