Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1854-11-23
| NO. Is
lAPoa rANT pEclsInN.-

~. = E.esasat
This case beslel known ias he \ Harrers. r,rrv
Ease was sfsed sfd eeeideG tie late term Of he
n.slsset eears & ne Unitq - ioF the Western
gisuast " tfS MIA a. Shnatna. Alter the evil
eenee was Sonciedfd On fo shoes, the counsel Sor
w aeleaaant sat fitssd series VI instructions 10
- gwen oy me eoeIt 70 The 3ay, RroponBdine Ger
.lh tpfepositons a law iuc ah@ govcrnmtni 81 the
! a.y - lhulng per veAnieE = i he questions
4 .aeetsse m these lnstEne4oas were fesy ably
$3.50 ~ sPe council on bpsh sides. Tae court,
asss, y sss iepwing oRistou only deeided he
! Iion, ~ - Isl Hon Al II II sleaEs and
IAo4ass MieAies Esd faf ths defendant, Hon.
Jams Mi Mssoa. ahd h BlMillsr, Esq.
BreesasvoasA J This Is an action Of eject.
ment brought By lhe plaintiffs against benjamin
dnSer, e recover p traes di land containing 3gi
/ acfsx, situated q TIT eoaausace 81 the Shshaadcah
and Potomac rIsers Their8elaim Is iounled On S
patent issued 70 lafm by tle State Of Virginia,
eeaIang date Jay 2lth 1851 The patenF eanveYs
g them the said tract OF lsad which Is described
a oeiag oonadea hyeach otIhs sand rivefs ana the
msa. dels ~Thereet and BY lc4Ftain aHih, a lines
/ laid town in plat 4fsurEeF which is ii evidence
before the jury. FAs aetenlanl late Suprrinlen-
I dent et ihe ArmoFN- and Arse al OF the United
States az aaTpers- Fkrry dfduees The title OF the
United States, hronkh vaSions Inssne congeyances,
trosi patent issued by Thomas Lerd Fairfax to
Robert Harper, dasep 25ih AtHiL 1851, conveying
tract 81 laadY by lhetes and bounds containing
10 acres lying at he mouh@of The Shenandoah
river, and insists fhAt-he nateHt under which he
claims. on behalf III the uniled States, eompre-
bends within is eoqndarieslhe whole oil the land
specified in the plauiffs' pahnG The evidence of,
both sides having bden concluded athe reienaapt,s
counsel moved The efnn 10 give the following Ia.
sttuetionS, yizS< :. Hat the natant 10 Robert Har-
per having its beginhng corner Of the Shenandoah
river, and calling 10 EXT nj Enence down Tue river
by course and distance % The paat where II an
pears from the survey made iii ihis cause the river
Shenandoah nniles with the Potomac ana from
that point up The river Pooaiac bycUurse and dis
lance toa corner hehr the last named river oppoa
site 10 small islanp, in construction OF law the
two rivers thereby made the boundaries OF SAID
patent from said beginning pn The Shenandoah to
the lastn amed cornet on tho Potomac. And thar
i the jury believe from the evidence in Tie cause
that the land el imedIby the plaintiffs lay along ihs
rivers Shenandoah and Potomac within the lines.
Of the patent to Robeft Harper extended al afore-
said 10 the two rivers, they must ind for tie de.
iendan the patent uIder whfehthe plaintiffs claim
being junior to that Sk~Harper. under which the
defendant claims, unless lhe plaintiffs should es-
labtish a title 10 the land, fin controversy other
than through their patent afofesaidp
This instrnctiongretefs 10 tAe Court the eensruc-
ton Ct the Harper patent, uGdeE which tho deten4
dant claims. The question, $sPhat are the hounda-E
RIGS Of that patent7 Is certainly Illegal question
WHICH il is the province OF the CoHft 10 determine.
Il is question pt the CONSTRUCTION of written in
strument and in its spluion3 the Court may avail
itseltof all the lights which any other document
connected with the patent ofTeferring to the same
subject matter, may throw uponsit. The Courtis
not restricted, them to the patent itself in determine
ing its construction, but may refer o the original
entry survey and plat which preceded its emana,
ton This Is established brah& cases cited at The
hen fss ffs 81 sgtrs Appeals q VII.
Or Is Il bounded by the right lihvs, a r bvtsl&-
or Cis1 Iflhe formefsthe patent. comprehends All
he lands covered by the plaintiffs patent; il BY
the latter, plaintiffs patent coniers upon them
valid title to all the lands between those right lines
and me rivers respectively! unless the Common
wealth had prev ausly >relih9ushea her title BY
reason Of the adverse possessiqn q the deienaant
and these under whom he claims. Ihe~Gouft =,
therefore to decide a qness9n With lies az me
foundation Of the plaintiffs ffe and IN the consle-
erali1n oil il, have bestowet uHon 4 The most ma
ture deliberaiion which circumstances allowed,
both during the progress of the able and interesting
argument at the bar and since Ills close yesterday.
The FIRST call Of the office copy Of The Harper pa
tent, which was read in evidence BY the deteadant
Il clearly erroneous The call is TO run down the
Shenandoah fronf~a sycamofe on the edge OF inas
river N. 4S w, t&o hundred poles. Suea llne
would run up the river. The defendant having
shown the loss Of the original patent, and having
ihus laid sufficient foundation 10 et in pafo evil
dence Of its contents has cleaiyshown the error Of
the copv Of the patent offered III evidence by him.
Il was shown that the original patent was In exist
euceias late as 1927 and ihaltke courses were CO.
MID In n MS book Hy the surveyor Of Jefferson
county. The patent was found in the proper custo-
dv being in the posseksion oftfe widow Of John
yVarer Jr one Of thekdevisees Of Robert Harper.
TSs courses we're alsoReopied from the original by
a witness who owned cuterrninous tract and was
rims intestrd in learning thetrue courses ofihe pa
! tent These two unofficial copies agree perfectly
u,;,h Inc original sur1pv and plat, and show that
/ he frst can 81 the Hhrper paieni was Tor line
running from asyeamdre on the ed Of Shenandoah
river eYtendins down said river Sd Z foIty-fnur
nates In an oher respects the copy OF the patent
conforms 10 the survey. The iw9tfst Gals u tile
patenf. thus corrected ARE as f5uTss = Beginning
!, sFcamafe standing on4ha edge oil Shenandoah
river and extending thence ddatn the saifTiver 5.
! a. = IL notasy<N s6s r 70 nbies 10 sycamore.
Staining al tbss roat The point here referred TO
i clearly the poini 81 BAND formed hY the condu-
e,ee =; he fso rivers or thelnex cdlfis for lns
| RAINING ID the Potdmac will first enquire
vbetheI. he boundary oflhe Harper patent on the
sienandoah side IS e river itself 81 the two right
iii II i principle in the law ofhoun
aary mar course aud tsstanca must yield to nat-
mai a. ariisial Inents that is 10 say ttheFe
a ara Two calls in A paidn ord for magnetic line
IN pfyen % use and distance and the ether for a
Ia r,osnsnt sensible Object as The terminus Of the
ii0e IF The magnetic hihe making proper nlloF-
anres for magnetic yariaiiaD. will not reach The
lsos;eet he line most BE abandoned and the known
q, ,t,sney, nat3st ~ REACHED Div n line whic Will
eansl,ea yor Is n holEegeF Variant II be- both in
csufse IA distance Fl pm Che magnetic line called
nv IL he natprt There isnoYcoalrogerSy between
The counsel a. 10 this principle Applying ito the
case At tls bar We i that te two magnetic lines
n A., called sr IN tht nateEkI with one allowance
~ c.aonaffe variation i,sieaa Of rhnniag 20 the
rcarrs lie 20 term tie al nearly the mid
5,e ~ ~ aheptatoaA These two lines are dss-
fxTatgd n lie pat or survey made BY The surveyor
IS ~. ca,,se 81 lie letters and figures rs, Co.
sy,bs fses Tst be Sd varied las 70 reach the cor
. 80 snd H. ~, liaek Alb nc on the. diagram,
rsneesert lie guvo liaes seeniRd, BY the principle
~ ~ ror.sidering $50 Tar, there Is difficulty
n the anpltcatien af he principle. The counsel
e n fsistshattaie principle Is satisfied
II ~ rslen';an 81 ihetwo sifaight lines Alb, Be,
f,s svraiaar4 called fr IA thepaens being located
aT6g abanf G. in The diagram and that these two
I1.ss ri tae fpost favhfahe Hiew 81 the case for
Isl: defendant censaikglte the boundaries Of The
. TI,rnar .nataas If this position be tenahle tht
Ina wis. between the lines ABB. BIC, and shs
saensraosh Vi su1ect 10 enJfy by the plaintiff
2 as ~aste and uuapprobriated land and tile 70
/. vested n she PLAINTIFFS BY their patent unless III
t;sle of Inc COMMUNICATIVE has been hsl by adver
xsrv nt,4<.sSisn ~ Nd United Staiespr BY thos
nnaef whom they cfaim The counSga for the de
tepsant insists thas tie Shenandoah, and not an,
right i e5 whatever! constitutes The tFue boundar
G uffhe Harper pAtentl The caIi i for two line
Il extending dorm ne rtter certain courses and dis
r frances ID lie point. The beginning corner is o
4 III EDGE 81 The Shenandoah. The terminaiin
Q corner 81 hese iinesEis al the month Of the sam
feriver II Is said thathe call for line exiendln
: Soagn he river. IN connection with CALI 70
g course and distance merely desfrzptire aaa y
y lseotfps cali and that course and distances yarie
D anlv 50 far as nay be necessary 70 reach q
/ known monument atIihe point ms, prevail. n
= this proposition Re cqrrectl 49,
run from poiDs on 8
~ ansAs- tenees-.s 51r 49, IA
--.a. alreci0s go 2: sa !. {, y Clan.