by John Marshall

“ There seems to have been some confusion at the trial respecting testimony, and, from the manner in which the cause is brought up, the parties are placed under circumstances in this Court which throw difficulties in the way of the investigation of the title on its real merits. We do not think such a defence is made out by the defendants as to justify an affirmance of the decree dismissing the bill; nor are we satisfied that the state of the record is such as to enable this Court safely to decree, that the defendants shall convey the lands they hold within the patent of the plaintiffs. ”

“ That the removal or extinguishment of that better title, leaves the holder of a grant, founded on a junior entry, the true legal owner of the land it purports to convey. They think the practice of the Court, to direct the elder grantee to convey to the person claiming the equitable title, is strong evidence of the prevailing opinion, that a subsequent locater acquired a conditional interest, which might be ripened into title by the failure of the person holding the original entry to proceed as directed by law. ”

“ On consideration whereof, this Court is of opinion, that the right of the plaintiffs was preserved by the act giving further time to the owners of lands to survey the same, and for returning plats and certificates to the Register's office, passed in the year 1797, and that the survey on which the patent was founded was made in time. This Court doth, therefore, REVERSE the decree of the Circuit Court, dismissing the bill of the plaintiffs, and doth remand the cause to the said Circuit Court, that further proceedings may be had therein according to equity. ”