Taylor & Quarles v. Brown
Supreme Court of the United States
ERROR to' the district court for the Kentucky district, in a suit in chancery, wherein Taylo.r and Quarles were complainants against Brown. The bill of the complainants was dismissed by the Court below.
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ERROR to' the district court for the Kentucky district, in a suit in chancery, wherein Taylo.r and Quarles were complainants against Brown. The bill of the complainants was dismissed by the Court below. Both parties claimed under military warrants upon the king’s proclamation, for services rendered prior to the year. 1763. nni_ • i • , ¶ • • ¶ . I he. complainants claimed under a warrant l\l favour of Angus McDonald, for 2,000 acres issued the 5th of February, 1774. Th.e defiendan, claimed unciera warrant in favour of. Jethro. Sumner ^ for 2,000 acres, issued the 3d of December, 1773.…
1Opinion of the Court
March 1.
Marshall, Ch. J.
delivered the opinion of the court.
In this case the title of both parties originates in surveys made by the surveyor of Fincastle county, previous to the passage of ithe land law of Virginia. Both surveys were made on military warrants issued under the proclamation of 1763. The survey under which the plaintiffs claim, being prior in point of time, they have the first equitable title, and must prevail, unless the objections made to that survey be valid, or unless their equity is defeated by the circumstances of the case.
Several objections have been made to the survey,…
2Cases cited1 opinion
- McNair v. OstranderWashington Supreme Court · 1890
3Cited by32 opinions
- Cragin v. PowellSupreme Court of the United States · 1888
- Green v. Lessee of NealSupreme Court of the United States · 1832
- Deweese v. ReinhardSupreme Court of the United States · 1897
- Newsom v. Pryor's LesseeSupreme Court of the United States · 1822
- Burtis Ringo v. Charles BinnsSupreme Court of the United States · 1836
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