TAYLOR AND QUARLES v. BROWN


9 U.S. 234 (1809)

5 Cranch 234

TAYLOR AND QUARLES v. BROWN.

Supreme Court of United States.

March 1, 1809.


Attorney(s) appearing for the Case

P.B. Key and Rowan, for the complainants, (the plaintiffs in error.)

Pope and Swann, contra.


MARSHALL, Ch. J. delivered the opinion of the court.

In this case the title of both parties originates in surveys made by the surveyor of Fincastle county, previous to the passage of the land law of Virginia. Both surveys were made on military warrants issued under the proclamation of 1763. The survey under which the plaintiffs claim, being prior in point of time, they have the first equitable title, and must prevail, unless...

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