John Marshall

“ However these laws may be construed, it is, we think, obvious, that the office was not opened for lands situated within the Indian hunting grounds, and that grants for them were not authorized.
But is the whole grant a nullity because it contains some land not grantable?
In the nature of the thing, we perceive no reason why the grant should not be good for land which it might lawfully pass, and void as to that part of the tract for the granting of which the office had not been opened. It is every day's practice to make grants for lands, which have in fact been granted to others. ”

“ That the warrant, survey and grant purported to be for land stated to be in the county of Franklin, and the land embraced in the survey extended across the western line of the county of Franklin; and all surveys and grants, not lying in same county, not laid out, are by law declared to be null and void.
3. That if the expression, 'waters of the south fork of the Oconee river,' contained in the plat, mean the south fork of the Oconee itself, or the Appalachie river, the grant is void on its face; as the survey and grant are in direct violation of the statutes of the state. ”

“ That the plaintiff having made out a regular title from the grantor, and the defendant being in possession of the land covered by the title, the only question was upon the validity of the grant; and the decision of this inquiry will depend upon which was the temporary boundary line between the state of Georgia and the Indian tribes in 1787, the grant having issued at that period?
A grant of lands, the Indian title to which has not been extinguished, is not void for that cause alone, independent of statutory regulations. 3 Johns. 365. ”