Page:Federal Reporter, 1st Series, Volume 8.djvu/401

 FUSSBtL V. HUGHES. 38T �its north-west corner; Ckirdon's west Une, for 240 poles from a stake to the north-west corner of his survey, being one of the calls in thia survey of Wal- lace. ' �Of the 50 acres described in Wallace's survey No. 14530, 21 acres ofE the northern part are claimed by the defendant Hughes, and 29 acres remaining by the defendant Esther Dennison, who arejoined in the flrst bill, who derive title from Wallace and are in possession. The 100 acres patented to Greggt , and conveyed by him to Swisgood and others, ariB covered by the second bill.to which they are made defendants. Kendrick, the principal surveyor of the mil- itary district, is made a defendant to both bills. �The complainant claims that she is, by virtue of the entry and survey of her ancestor, Archibald Gordon, now seized in fee-simple of an equitable estate in the land embraced therein, and entitled to the immediate possession thereof ; that the entry and survey of Cadwallader "Wallace, No. 14530, and hia patent issued thereon, and the entry of said Gregg, and his survey and patent, were all of them made and obtained in violation of the proviso of the second section of the act entitled "An act to extend the time for locating Virginia military land-warrants and returning surveys thereon to the general land-ofBce," ap- proved Mareh 1, 1823, and are all of them void. �The relief prayed for is that the location, entry, and survey No. 12017, in the name of her ancestor, Archibald Gordon, founded on said military warrant No. 6508, be established and afflrmed, and the validity thereof fore ver perpetuatedj that the location of said Cadwallader "Wallace, his entry, survey No, 14530, and patent, and the location of Daniel Gregg, his entry, and survey No. 16070, and patent, be adjudged to have been made and issued in violation of the proviso of said act of congress and void; that the words "withdrawn" and "state line," 80 written upon said records, location, entry, and survey No. 12017, be adjudged to have been so written vrithout authority, and that the evidence of said military warrant No. 6508, and original survey of said entry No. 12017, be forever perpetuated ; that the complainant uiay have an order for the delivery of the possession of said premises to her, for an account of lents and profits, and for general relief. �The act of March 1, 1823, referred to in the pleadings, after pro- viding, in the first section, that the officers and soldiers of the "Vir- ginia line on continental establishment, their heirs and assigna, who are entitled to bounty lands within the country reserved by the state of Virginia between the Little Miami and Seioto rivers, shall be allowed a further time of two years from the fourth day of January, 1823, to obtain warrants and complete their locations, and the further time of four yearc from the same period to return their surveys and warrants to the general land-office to obtain patents, contains in the second section a proviso in the following words : �" Provided, that no locations as aforesaid, in virtue of this or the preceding section of this act, shall be made on tracts of land for which patents had ��� �