Summary

by John Marshall McDowell v. Peyton — Opinion of the Court

That a part of the description which is erroneous, may be discarded, if the object called for is itself so notorious that it requires no aid from description, and cannot be mistaken; and that such part will not vitiate the entry, may be admitted, without impugning the judgment in the case of Couchman v. Thomas. Tabb's entry contains no descriptive call, which would conduct the inquirer to the white-ash saplings he is in search of, and the saplings themselves were not objects of sufficient notoriety to cure the defects in the general description.
Source: Wikisource

by John Marshall McDowell v. Peyton — Opinion of the Court

It will not be pretended, that in such a case as this, exactness in distance or in course, would be indispensable to the validity of the entry; but distance and course are both intended to lead to the ash saplings, and, if unaided by other description, could alone be regarded by the person who should search for them. He would pursue a northeast course at least six miles from Harrod's lick; and not finding a western branch of Hingston, would search for such a stream in every direction, from the place to which he was conducted by his course and distance.
Source: Wikisource

by John Marshall McDowell v. Peyton — Opinion of the Court

But the Court can perceive no new testimony in the case under consideration, which can vary it, to the advantage of the plaintiff, from the case of Couchman v. Thomas.
It may be very true, that a single decision cannot be permitted to shake settled principles, and that this Court ought not to consider one judgment as overturning well established doctrines, and introducing a new course of opinion.
Source: Wikisource

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