Peter's Lessee v. Mains
General Court of Virginia
Ejectment for a tract of land called The Resurvey m Pipe Tomahock, lying in Washington county. The defendant took defence upon the plots returned in the cause, for two tracts of land, one called The Grove, and the other called Hazard, both of which tracts were included within the plaintiff’s location of The Resurvey on Pipe Tomahock.
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Ejectment for a tract of land called The Resurvey m Pipe Tomahock, lying in Washington county. The defendant took defence upon the plots returned in the cause, for two tracts of land, one called The Grove, and the other called Hazard, both of which tracts were included within the plaintiff’s location of The Resurvey on Pipe Tomahock. The plaintiff, at the trial of the cause, produced and offered in evidence to the jury, the warrant of resurvey which issued on Pipe Tomahock to Samuel Postlewait, on the 19th of January 1765; the first, second, and third renewals of the said warrant on the 16th…
1Opinion of the Court
Chase, Ch. J.
The court arc of opinion in this case, that the patent, to Robert Peter cannot relate to the certificate of The Resurvey on Pipe Toma hock, so as to overreach the prior grants made to Thomas Mains for the land called The Grove and Hazard, the relation to the certificate being grounded on the principle of a superior equity; and in this case Postlewa.it, and Robert Peter, who procured an assignment of his certificate, had no equitable title to the land, not having returned his certificate of survey to the land office, nor paid the composition money within two years. The court…
2Cited by1 opinion
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