John Marshall

“ Not having, in that entry, called, in terms, for his improvement, that judge was of opinion that, although his entry does, in fact, comprehend his improvement, yet he has surrandered the preference which his pre-emption warrant gave him, and sunk his claim to the level of a common treasury warrant. This Court can perceive no reason for that opinion. The law requires that the entry shall, in fact, include the improvement, but does not make it essential to the dignity of the entry that the improvement shall, in terms, be called for. ”

“ If a great and prominate object, immoveable and durable in itself, and of general notoriety, be called for in a location, that object must fix and locate the entry, although other minor and temporary objects, to be discovered only by a strict and successful search, might prove that the locator really intended to take other land.
In the entry of Lynn and others there is such a principal call. The Big Blue Lick is perhaps an object of as universal notoriety as any in Kentucky, But there are two Blue Licks on the same creek, and both of them are large licks. ”

“ This Court would not willingly depart from the state decisions, if they have settled the principle the one way or the other; and would, therefore, have deferred the determination of this cause until more certain information could be obtained, had it rested solely on the validity of the Plaintiff's title as founded on a pre-emption. But, on an inspection of the record, the entry of the Defendants is deemed so radically defective as necessarily to yield to the title of the Plaintiff, should his warrant even he reduced to the grade of a treasury warrant. ”