D Dorr v. The Pacific Insurance Company, [INSURANCE.] 582 E Evans v. Eaton, [PATENT. EVIDENCE. PRACTICE.] 356 453 G Green v. Watkins, [WRIT OF RIGHT.] Greenleaf, (Bailey v.) [CHANCERY. LIEN OF VENDOR.] H 27 46 471 Hoofnagle v. Anderson, [LOCAL LAW. CHANCERY.] Hettich, (Evans v.) [PATENT. EVIDENCE.] 212 453 Holbrook . The Union Bank of Alexandria, [LOCAL Law.] 553 Massie, (Bouldin v.) [LOCAL LAW. EVIDENCE.] Matthews v. Zane, [CONSTITUTIONAL AND LOCAL LAW.] . Page v. the Bank of Alexandria, [PROMISSORY NOTE.] R 556 58 520 1 23 122 164 530 ་ 37 582 Union Bank of Alexandria, (Holbrook, v.) [LocAL LAW.] 553 59 158 Williams, (Ricard v.) [EJECTMENT. LOCAL LAW.] 534 Ꮓ Zane, (Matthews v.) [CONSTITUTIONAL AND LOCAL LAW.] 164 MEMORANDA. The case of The Society for Propagating the Gospel v. The Town of New-Haven, (argued by Mr. Hopkinson for the plaintiffs in error, and by Mr. Webster for the defendants in error ;) Green v. Biddle, (argued by Mr. Montgomery and Mr. B. Hardin for the plaintiff in error, and by Mr. Clay and Mr. Bibb for the defendant in error;) Elmendorf v. Taylor, (argued by Mr. Talbot for the appellant, and by Mr. B. Hardin for the respondent ;) Hunt v. Rousmanier's Adm'r, (argued by Mr. Wheaton for the appellant, and by Mr. Hunter for the respondent ;) were continued to the next term for advisement and the case of the Nereyda, (argued by Mr. Harper and Mr. D. Hoffman for the appellant, and by Mr. Winder for the respondent,) was continued for farther proof. : REPORTS OF THE DECISIONS IN THE SUPREME COURT OF THE UNITED STATES. FEBRUARY TERM, 1822. [LOCAL LAW. CHANCERY.] MILLER and Others v. KERR and Others. A warrant and survey authorize the proprietor of them to demand the legal title, but do not, in themselves, constitute a legal title: until the consummation of the title by a grant, the person who acquires an equity holds a right, subject to examination. Where the register of the land office of Virginia had, by mistake, given a warrant for military services in the Continental line, on a certificate authorizing a warrant for services in the State line, and in recording it, pursued the certificate, and not the warrant, it was held that this Court could not support a prior entry and survey, on a warrant thus issued by mistake, against a senior patent. Where the plaintiffs seek to set aside the legal title, because they have the superior equity, it is consistent with the principles of the Court to rebut this equity by any circumstances which may impair it: and the legal title cannot be made to yield to an equity founded on the mistake of a ministerial officer. THIS cause was argued and determined at the last term, but omitted to be reported. 1822. Miller V. Kerr. Mr. Justice TODD delivered the opinion of the Court. On the 29th of May, 1783, Seymour Powell, heir of Thomas Powell, obtained a military land warrant from the Register's office in Virginia, No. 679, for 2663 acres of land "due in consideration of services for three years, as a lieutenant of the Virginia Continental line, agreeably to a certificate from the Governor and Council, received into the land office." A part of this warrant was entered in the Military District reserved for the officers and soldiers of the Virginia Continental line, on the 16th of June, 1795; and, on the 30th of October, 1796, 789 acres, part thereof, was surveyed in the name of the said Seymour Powell, which survey was on the 1st of March, 1797, recorded in the office of the surveyor-general. On the 10th of July, 1800, Justus Miller purchased this land, and took an assignment of the entry and survey, and obtained a patent therefor in February, 1808. John Neville made an entry on the same land in May, 1806, on a military land warrant, for services in the Virginia Continental line; and his heirs, the respondents, obtained a patent therefor on the 30th of April, 1807. They have brought an ejectment against the heirs of Justus Miller, who having, as they say, the elder equitable, though the junior legal title, have filed this bill to enjoin proceedings at law, and compel Neville's heirs to convey the legal title to them. In their answer, Neville's heirs assert that Thomas Powell never served in the Virginia Continental |