John McLean

“ It was further contended on the part of the defendants, that the land in controversy was not embraced within the calls of the patent under which the lessors claim; that the natural objects, lines and adjacent lands called for in said patent, were not those represented on said draft, in designating thereupon the land in controversy, and that the marked lines represented on said draft as the lines, of the land in controversy, were, in fact, the lines, not of the plat and certificate of survey on which the plaintiffs' patent issued, but of other plats and certificates of survey ”

“ If the grant appropriate the land, it is only necessary for the person who claims under it to identify the land called for.
Whether the entry was made in legal form, or the survey was executed agreeably to the calls of the entry, is not a matter which can be examined at law. Had the defendants relied on the statute of limitations, this instruction would have been erroneous ”

“ On a former trial of an ejectment for the same lands, on the demise of the same lessors and against some of the present defendants, a witness, since dead, swore that at a corner at the point A, on the diagram, being the north-east corner of the whole diagram and of Young's survey, an ancient marked tree was found by him of a different kind of timber from that called for in Young's patent. ”

“ As the patent states the lands to lie in the county of Monongalia, the patentees and those claiming title under them, can only recover lands in that county, and cannot, by force of the other terms of description contained in the patent, recover lands lying in the county of Harrison at the date of the patent. ”

“ After the evidence had been closed, and the cause had been argued before the jury, the plaintiffs' counsel moved the court to give the following instructions to the jury, to wit: that the grant aforesaid was a complete appropriation of the land therein described, and vested in the patentee the title; and that any defects in the preliminary steps by which it was acquired, were cured by the emanation of the said patent. ”

“ It sheds no light on the matter in controversy. Disconnected as the mere fact of a marked tree not called for in Young's patent at the point A seems to have been with the testimony in the cause; it is not perceived how it could have tended to influence the verdict of the jury. From the isolated fact, the jury could have drawn no inferences against the facts proved by the plaintiffs. ”

“ By this report it appeared, that the land in question was a tract of eight thousand acres, being part of a large connexion of surveys containing together between fifty and one hundred thousand acres of land, divided into several distinct surveys, and so patented; the whole constituting one body of land, mostly owned by the same individuals, though patented in different names.
This body of land, the surveyor's report shows to be contained in a general diagram, having one straight line for its northern boundary, and another parallel thereto for its southern boundary. ”

“ An action of ejectment was brought by M'Call and others against Boardman and others, in the district court of the United States for the western district of Virginia, to recover eight thousand acres of land. On the trial, certain exceptions were taken to points adjudged by the court in behalf of the plaintiffs, and against the defendants; and these points are now brought before this court by writ of error. ”

“ Land marks are frequently formed of perishable materials, which pass away with the generation in which they were made. By the improvement of the country, and from other causes, they are often destroyed. It is therefore important, in many cases, that hearsay or reputation should be received to establish ancient boundaries: but such testimony must be pertinent, and material to the issue between the parties. ”

“ No part of the survey of Young is involved in the present controversy; and with several other surveys, it was only laid down by the surveyor, as by showing certain connexions, it might conduce to identify the land claimed by the plaintiffs. ”

“ This patent is dated the 9th of May 1786. It was issued to Messrs 'Reed and Ford,' and describes the lands thus: i. e. 'a certain tract or parcel of land containing eight thousand acres, by survey bearing date the 23d day of December 1784, lying and being in the county of Monongalia, near a large branch of French creek adjoining lands of George Jackson on the south side, and bounded as follows, to wit: beginning at a maple, and running thence S. 10 E. one thousand poles to a poplar; S. 80 W. one thousand two hundred and eighty poles to a W. oak; No. 10 E. one thousand poles to two white oaks ”

“ A patent is not conclusive evidence of title. 2 Wash. Rep. 106; 6 Munf. 234; 2 Dallas, 304.
Fraud in obtaining a patent may be inquired into at law; and there was evidence of this nature in this case. 1 Hen. and Munf. 303; 6 Bac. Ab. 111; 3 Coke's Rep. 77.
As to the fifth instruction, and to maintain the principles claimed by the defendants in the circuit court, cited 1 Peters, 221; 5 Munf. 191; 4 Hen. and Munf. 137.
Upon the sixth instruction, the counsel for the plaintiffs in error cited 6 Munf. 531; 3 Munf. 191 ”