John McKinley

“ It has been insisted, however, that as Etheridge only paid for the quantity of land mentioned in his patent, that he can have no right to land paid for by Stone, and included in his patent. This is one of the results of the mistaken and illegal acts of the ministerial officers of the government, which, as already shown, can neither benefit one party, nor prejudice the rights of the other. The United States have received full payment for all the land contained in both patents. ”

“ The agent of the United States cannot prescribe any other conditions than those which are found in the law. The south-west quarter of section 22 is a specific thing. A patent was issued to Etheridge for it. It is true that the patent says that it contains only ninety-two acres and sixty-seven hundredths, but this is mere surplusage, and does not detract from the legal efficacy of the grant. ”

“ Both patents can stand. The parties are both pre-emptioners, and entered and paid for their land on the same day, and received certificates for it. Our patent is the elder. What does it grant? The description of the property is, the 'south-east subdivision,' &c., 'according to the official plat of the surveyor.' We must, therefore, look at the official survey, returned before the patent issued. ”

“ There is nothing in any of the acts of Congress, nor in the instructions of the Secretary of the Treasury, to authorized the division of this fractional section made by the surveyor-general, and it being a violation of the law, and contrary to the duties of his office, it must be regarded as a void act. ”

“ Miller and others, 6 Pet., 674, the plaintiffs in ejectment claimed title under a patent, dated the 1st of December, 1824, founded on an entry and survey made in the same year. The defendants claimed title under an entry, made in January, 1783, upon a military warrant, for services rendered in the Virginia state-line, and a survey made thereon, in the same month, and recorded on the 7th of April, of the same year, and a patent issued by the state of Virginia, in March, 1789. This land lay in what is called the military district, between the rivers Scioto and Little Miama, in the state of Ohio. ”

“ All the laws, beginning with the ordinance of 1785, which directs the public lands to be laid off into townships, and coming down to the law of 1832, (1 Land Laws, 493,) have the same system in view, viz.: running the lines geographically, and laying the land off into squares. ”

“ And they also gave in evidence the following patent: 'The United States of America to all to whom these presents shall come, greeting: Whereas William D. Stone, of Mobile, has deposited in the General Land-office of the United States, a certificate of the register of the Land-office at St. ”