Legal Opinion

Miller v. Page

Court of Appeals of Virginia

Decided April 15, 1806PublishedCited by 2 opinions

On the 15th August, 1791; John Miller, the plaintiff, entered, by virtue of a warrant, for 1000 acres of the land in question, in the surveyor’s office of Buckingham county; and on- the 25th July, 1796, by virtue of another warrant, he entered in the same office for 300 acres more, the residue of the land in question. The first entry is in these words: “ Buckingham county, sc’t.

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On the 15th August, 1791; John Miller, the plaintiff, entered, by virtue of a warrant, for 1000 acres of the land in question, in the surveyor’s office of Buckingham county; and on- the 25th July, 1796, by virtue of another warrant, he entered in the same office for 300 acres more, the residue of the land in question. The first entry is in these words: “ Buckingham county, sc’t. August 15, 1791. No. 61. John Miller, assignee, &c. by warrant, &c. enters 1000 acres of the same, between the lines of Henry Cary, deceased, on both sides of Hatcher’s creek, beginning on the same.”- ' The second…

1Opinion of the Court

Tucker, Judge.

Carter Page entered a caveat in June 1797, against Miller in the district court for 1300 acres of land lying in Buckingham county, and assigned six reasons against the emanation of a patent. I shall pass over the first, and proceed to the second, reason assigned, viz: “ Because Miller’s entries are too vague, indefinite, and uncertain ; and are not made with the precision required by law.”

The law requires, that every person desirous of locating a land warrant on any particular waste and unappropriated lands, shall lodge the warrant with the chief surveyor of the county, and…

2Cases cited2 opinions

  1. Wilson v. MasonSupreme Court of the United States · 1801
  2. Hunter v. HallCourt of Appeals of Virginia · 1798

3Cited by2 opinions

  1. St. Louis Fire Fighters Association International Association of Fire Fighters Local 73 William Rudden Edwin F. Libby John F. Welch Ralph E. Break Michael T. Donovan William O. Hill William O. Smith Irvin M. Sprous Timothy v. Tyebo Dwight C. Cross Cecil E. Morris Charles J. Zoeller Timothy J. May Ronald Gronemeyer Mark R. Duffy v. City of St. Louis, Missouri, Firefighters' Institute for Racial Equality Charles Bates Nathanial Sutherland Joseph Jones Gilbert Vaughn Eugene Stanton Roland Logan Leroy Harris, Intervenors- Defendants- St. Louis Fire Fighters Association International Association of Fire Fighters Local 73 William Rudden Edwin F. Libby John F. Welch Ralph E. Break Michael T. Donovan William O. Hill William O. Smith Irvin M. Sprous Timothy v. Tyebo Dwight C. Cross Cecil E. Morris Charles J. Zoeller Timothy J. May Ronald Gronemeyer Mark R. Duffy v. City of St. Louis, Missouri, Firefighters' Institute for Racial Equality Charles Bates Nathanial Sutherland Joseph Jones Gilbert Vaughn Eugene Stanton Roland Logan Leroy Harris, Intervenors- Defendants- Firefighters' Institute for Racial Equality Charles Bates Nathanial Sutherland Joseph Jones Gilbert Vaughn Eugene Stanton Roland Logan Leroy Harris, Cross Claimants-Appellants v. City of St. Louis, Missouri, CrossCourt of Appeals for the Eighth Circuit · 1996
  2. Gomez v. AtkinsCourt of Appeals for the Fourth Circuit · 2002

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