Hickman v. Blythe

OPINION of the Court, by

Ch. J. Boyle.

This was a bill of review, the complainant in which was also complainant in the original bill.

She claims the land in contest by virtue of a settlement and pre-etnption, and the defendant derives his title under a patent elder than that of the complainant, and obtained on a syrvey made in the year 17Z5, on a *189warrant for military services, which was issued in virtue of the royal proclamation of 1763. The survey of the defendant being prior to the inception of the complainant’s claim, and his patent elder than hers, he must evidently hold the land, unless…