pre-emption right on the east side
of a road, the 400 acres allowed
for the settlement right must be
surveyed entirely on the east side
of the road, and in the form of a
square. Bodley v. Taylor, 192
5. The call for the settlement right is
sufficiently certain, but the call for
the pre-emption right is too vague,
and must be rejected. Id. ib.
6. A defendant in equity who has ob-
tained a patent for land not inclu-
ded in his entry, but covered by
the complainants' entry, will be
decreed to convey it to the com-
plainants; but the complainants
will not be required to convey to
the defendant the land which
they have obtained a patent for,
which was covered by the defend-
ant's entry, but which, by mistake,
he omitted to survey. Id.
3. See Kentucky, 2, 3, 4, 5, 6.
4. See Evidence, 3.
5. See Equity, 4, 5, 6, 7, 8, 9, 10. 262
6. The certificate of survey is suffi
cient evidence that the warrant
was in the hands of the surveyor.
Taylor v. Brown,
234
7. That clause of the land law of lir.
ginia, which requires the survey
to be recorded within two months
after it was made, is merely af
rectory to the surveyor; and his ne
glect to record it does not invali-
date the survey. Id.
8. It is not necessary that the deputy
surveyor who made the survey,
should make out the plat and cer-
tify it. It may be done from his
notes by the principal surveyor. Id.
ib.
9. A survey is not void because it in.
cludes more land than was direct-
1. See Account, 1, 2, 3, 4.
2. Five years' adverse possession of a
slave, in Virginia, gives a good ti
tle upon which trespass may be
maintained. Brent v. Chapman,
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