Peter Vivian Daniel

Name: Brown v. Huger — Opinion of the Court
Author: Peter Vivian Daniel

Summary

“Brown v. Huger — Opinion of the Court”, is a work by Peter Vivian Daniel. It explores elements such as Robert Harper, survey and patent.

Quotes from Brown v. Huger — Opinion of the Court (Peter Vivian Daniel)

Peter Vivian Daniel, Brown v. Huger — Opinion of the Court

“ If in the first branch of the instructions the court was correct in supposing that the call in the patent to run down the river these several courses, &c., should be construed as a call to run with the river, it was unquestionably correct to instruct the jury that the north fork between the fourth corner of the patent and the beginning formed part of the boundary; and that in the first branch of the instruction the court gave a correct construction of the calls of the patent, we apprehend there can be no ground for reasonable doubt. ”

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Source: Wikisource

Peter Vivian Daniel, Brown v. Huger — Opinion of the Court

“ A striking peculiarity distinguishing this case is perceived in the fact that it discloses an effort, by means obtained at a cost comparatively nominal, to disturb and to destroy a possession of more than half a century in duration; a possession connected with public interests of primary magnitude; a possession acquired in return for a full and fair equivalent given, and of a notoriety as extensive as the limits of the nation. ”

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Source: Wikisource

Peter Vivian Daniel, Brown v. Huger — Opinion of the Court

“ It is proper here to observe that neither in the survey nor the patent for the Harper's Ferry tract is there a course, or a distance, or a station, which is inconsistent with or in opposition to a river boundary; but on either side of that tract facing the river, a riparian or river boundary is obviously intended. Thus at the Shenandoah, the commencing point is at a tree on the edge of the river ”

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Source: Wikisource

Peter Vivian Daniel, Brown v. Huger — Opinion of the Court

“ In ascertaining the boundaries of surveys or patents, the universal rule is this: that wherever natural or permanent objects are embraced in the calls of either, these have absolute control, and both course and distance must yield to their influence.
Upon recurrence to the survey by Broadwater, from the beginning at A, a sycamore standing on the edge of Shenandoah, (a point admitted by all the parties to be the beginning in Harper's Ferry tract,) the survey calls for a course extending down the said river S. 55 E. 44 poles to B ”

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Source: Wikisource

Peter Vivian Daniel, Brown v. Huger — Opinion of the Court

“ Pryor, (7 Wheaton, 10,) it is laid down by this court as a rule for the construction of surveys and grants, that the most material and certain calls must control those that are less material and certain. A call for a natural object, as a river, a known stream, or a spring, or even a marked tree, shall control both course and distance. ”

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Source: Wikisource

Peter Vivian Daniel, Brown v. Huger — Opinion of the Court

“ An official certificate from S. H. Parker, register of the Virginia land office, dated Richmond, June 27th, 1854, in the following words:
'I, S. H. Parker, register of the land office of Virginia, do hereby certify, that it does not appear that any grant has been issued on the survey made by James Nickols for 125 acres of land in Frederick county to any person except Robert Harper, to whom a grant issued on the 25th day of April, 1751, which date agrees with the date on Nickols' survey. And I further certify that I can find no survey of Robert Harper for 125 acres on file in this office.' 3d. ”

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Source: Wikisource

Peter Vivian Daniel, Brown v. Huger — Opinion of the Court

“ That the defendant is an officer in the military service of the United States, attached to the Ordnance department, and as such was in charge and in possession of the land in controversy, with the buildings thereon, and the armory of the United States at Harper's Ferry, under an order from the Ordnance department; and that the lands aforesaid had been in the like charge of his predecessors, under orders and appointments from the Ordnance Office or War Department of the United States, from May, 1829, to the period when the defendant took possession ”

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Source: Wikisource

Peter Vivian Daniel, Brown v. Huger — Opinion of the Court

“ If, as is contended by the defendant, the calls in the patent to Robert Harper, and in the survey on which it purports to be founded, extended to the rivers Shenandoah and Potomac, such a construction must be conclusive of this controversy; it leaves no question to be determined by the jury as to the running of any artificial line ”

Peter Vivian Daniel

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