Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Scull v. United States — Opinion of the Court

It is almost absurd to suppose that in an ordinary traveller's map of a State, made to be folded into a pocketcase, any reliance can be placed on its location of the source of a stream which would justify its acceptance as a warrant for locating with precision a grant of over seven millions of acres of land. The combined exhibits E and F, which are certified copies of the official surveys of the United States, call this most western branch Buffalo Fork, and do not locate the origin of this western branch within thirty miles of the point which the Arkansas map does, and where Mr. Day does.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Scull v. United States — Opinion of the Court

The land must be claimed by a complete grant or concession, or order of survey duly executed, or other mode of investiture of the title in the original claimant by separation from the mass of the public domains, either by actual survey or defined fixed natural boundaries or initial points and courses and distances, by the competent authority, prior to the cession to the United States.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Scull v. United States — Opinion of the Court

Day utterly disregards the call, makes a due west line, taking him directly away from the Buffalo River, and making his artificial courses and distances nearly three hundred miles, not on the south, but on the west and north, of White River, and never gets to Buffalo River until he has run the reverse course of the call, and meets it near the last of his survey at its junction with White River. The reason of this is obvious. The call in the grant is an impossible call.
Source: Wikisource

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