by John Marshall

“ The first question, however, does not involve the right of the owner of a warrant, which has been surveyed, to enter and survey it elsewhere; but his right to abandon it entirely.
It draws into doubt the right of an individual, to refuse to consummate a title once begun.
In this respect no coercive principle is to be found in the act. An entry is forfeited, if not surveyed within a limited time. A survey is forfeited if not returned to the land office by a specified time. In these cases, the right of abandonment is recognized. ”

“ No subject requires to be treated with more delicacy than the land titles of a country, where a law has been explained by usage. Upon the general principle, which has been stated, and upon the custom of the country in this respect, the Court is of opinion, that the owner of a survey, under the circumstances stated in the first question, may abandon it ”

“ It seems to be an ingredient in the character of property, that a person who has made some advances towards acquiring it, may relinquish it, provided the rights of others be not affected by such relinquishment. ”