Speed v. Wilson

*81The decree on which this rehearing was granted extends to the whole of the appellee’s claim to the land in contest, and was intended to do so; but the opinion to introduce the decree only mentions the locations made on their settlement right, the court ■supposing that if the settlement failed, the pre-emption appendant on it must also fail. Indeed, when the court was making up the ■opinion, it could not find the pre-emption entry in the transcript of the record on which it was deciding, and hence also inferred that it was not much relied on. But the pre-emption entry stands in the transcript…