MILLER V. KERR, 20 U. S. 1 (1822)

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U.S. Supreme Court

Miller v. Kerr, 20 U.S. 7 Wheat. 1 1 (1822)

Miller v. Kerr

20 U.S. (7 Wheat.) 1


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.

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