Mitchell's Heirs v. Long

*71Opinion of the Court,

by Ch. J. Boyle.

Edward Mitchell obtained from the commissioners a certificate for a pre-emption of 1,000 acres of land, and a warrant having issued therefor, an entry was made in virtue of it, with the surveyor, on the 9th December, 1782, and on the 13th of December, 1782, an entry of 400 acres was made in the name of John Long, as assignee of John Craig, upon a treasury warrant, adjoining Mitchell’s pre-emption. Shortly wards, Mitchell’s entry was surveyed and carried into grant, and he sold and conveyed a part of it. Long then caused a survey to be made upon his entry,…