“ And it is a familiar and well established principle, that wherever a trust fails, there is a resulting trust in the grantor for the benefit of the cestui que trusts. So, if a corporation endowed for a particular purpose, which fails, the funds revert back to the grantor by whom it was created or endowed. ”

“ If, therefore, under any circumstances, a resulting power could arise to the State to enforce an account, from the want of any proper private parties in esse to claim it, such a case is not stated by the bill. Whether, in such a case, the assignees of the warrants, or a part of them, suing in behalf of the whole, might not maintain a suit in equity for an account, is not for us now to determine. It is sufficient that the State of Virginia, by the very terms of the act, has delegated to other persons, whose existence is not denied, the authority to call the surveyors to account. ”

“ That the deputations of officers, in pursuance of the said act, appointed two principal surveyors, one of whom was the defendant, and who immediately took upon himself the duties of the office, and exacted, in virtue of the act of 1783, from all the holders of the military warrants, the one dollar per one hundred acres above provided for. That the defendant had received a large sum of money in this way, and had refused to account for the same to the complainant, and the agents and attorneys appointed for this purpose under the act of 1813. ”