Summary

Portrait of John Marshall John Marshall Crocket v. Lee Same — Opinion of the Court

The principle advanced by the appellant's counsel cannot be controverted. No rule is better settled than that the decree must conform to the allegations, as well as to the proofs in the cause. The location being set out in the pleadings, the Court can undoubtedly notice any intrinsic apparent defect. If it be void in itself, no testimony can sustain it, and it would be deemed void on a demurrer to the bill. But if it be not void in itself, if its validity depends upon facts to be proved in the cause, then its validity ought to be put in issue.
Source: Wikisource

Portrait of John Marshall John Marshall Crocket v. Lee Same — Opinion of the Court

The decrees were founded entirely on the opinion that Cameron's location was too vague to be supported. In the Circuit Court, the cause turned almost entirely on this point, and the greater part of the testimony is taken with a view to it. If the validity of Cameron's location be sustained, Crocket must succeed, because his right is prior in time, and superior in dignity, to any title conflicting with it. If Cameron's entry be invalid, then the decrees are right, either because Young's entry is good, or because the legal title was in Lee, when they were made.
Source: Wikisource

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