William Johnson

“ But where an individual, supposing his warrant located on black acre, when it is, in fact, located on white acre, conveys the former by metes and bounds, it must be a strong case that will sanction a court in setting aside the conveyance of the one, and decreeing that of the other. It is in vain to say, in this case, that the defendants are bound to show that McKee ever had, in fact, an interest in any survey of 2,000 acres beside the one in litigation. The answer puts the complainants on their proof, and it is from them than the evidence is to proceed upon which our decision is to be founded. ”

“ And on what ground are we to presume that if he had known it he would have sold the tract which it covered at all, or sold it at the price expressed in the deed to Ross? Its value might have been treble that of the other, and there is reason to think that this court would have been induced, under very strong circumstances only, to decree in favour of those complainants against McKee himself. The sale of a warrant or of any survey that may be made under a warrant, would be in the nature of a wager or speculation, and might be sustained. ”

“ A necessary unavoidable implication or inference from the evidence adduced by the complainants is the only possible ground upon which such a necessity could be contended for, and even this, in our opinion, does not exist.
In this case the court explicitly avows that it has been not a little disposed to look unfavourable on a claim of such great antiquity. Nearly forty years have elapsed since McKee conveyed this land to Ross. Almost every party and every witness must now be no more ”