
    The Attorney-General vs. Jarrett.
    A certificate of survey was returned 10 the land of fice fin* a tract of land colled $ 5»umved on the 39ih of April 1794, for A .T» On the Slh W-ty 1797, A J obtained, a warrant of resurvej' <m IV £7,and in Ins resurvey made on. the 1st 1798, he included B .7, and cal !cd the land ¿Í S. On the 10th May U9S, A J obtained a proclamation warrant on Ins own certificate of the land called B 6', and had it executed on the 2WTt Anri! 1799 B it ü W had, on the 20'hFeb. 1798, obtained a proclamation wnrram on ií J, and bad it executed on the 23<J of May 1798, and called the land B C A .T paid th»* compovition money on B S on the 8th of iwiy 3799, and D W j>aid the composition money on B O on the 9th of May 1799. Both eer ti fiea tes we re caveated by ihe opposite party; and the judge of the land office or dered a grant to issue to A .1 for the land cali» d B S. To vacate which ff'-ant a hill was filed in the court of chancery, in the name of the attorney geueralj at the rate*» SicjuofBW* X)ecrccdt that the bill be dismissed#
    Appeal from a decree of the Court of Chancery dis* ,missing the bill of complaint which was brought in the name of the attorney- General, at the relation of West, to vacate a grant obtained by Jarrett for a tract of land called Belgrade. The facts in the case were these: The Be-’ lalor's title — On the 19th oí May 1794, F. Jarrett returned a certificate of survey to the land office, for the laud called Belgrade, (the first,) containing 1089 acres. On the 20th of February 1798, West obtained a proclamation warrant thereon, no person having proclamated the certificate-On the 22d of May 1798, West returned a certificate, under his proclamation warrant, and called the land The Buckskin, containing 228 acres. On the 9th of May 1799, the composition money was paid by West. On the 3d of June 1799, West's certificate was caveated by F. Jarrett» On the 10th of February 1800, the judge of the land office, on a hearing of the caveat, passed an order for correcting the certificate, by excluding part of a tract of land called Johnson's Enlargement, which appeared to be included in the certificate of The Buckskin. On th.e SOth of June 1800, a corrected certificate was returned by West, containing 200 acres, excluding 28 acres, part of Johnson's Enlargement. On the 10th of October 1800, the corrected certificate was caveated by J. Jarrett, the defen» tfant; awl on the 20th of April 1801, the judge of the land office ruled the caveat good; and a grant was refused . , ¶ , , ... to Wzht, because the land was included m another certmcute, and granted to the defendant by the name of BeU grade, (the second.) This certificate of Belgrade, (the second,) the relator alleged was younger than West’s, and that the grant was obtained thereon during the contest under the caveats. That the defendant had notice of West’s certificate.
    
      The Defendant’s title — On the 1st of May 1798, A. Jar-nit returned to the land office another certificate of survey for Belgrade, (the second,) containing 767 acres, under a warrant of resurvey issued on the 8th of May 1797, to resurvey Wild Cat Dm. On the 10th of May 1798, A. Jarrett proclamated his own certificate for Belgrade, (the second.) On the 29th of April 1799, A. Jarrett returned a certificate under the proclamation warrant, and called the land Belgrade, (the second,) containing 92 acres, excluding the rest. On the 8th of May 1799, A. Jarrett compounded on this last certificate. On the 30th of September 1799, the certificate was caveated by West. On the 10th of February 1800, the judge of the land office dismissed the caveat of West; and on the 20th of October 1890, a grant issued on the certificate to the defendant, he having obtained an assignment thereof from A. Jarrett. The bill prayed that the grant for the land called Belgrade, issued to the defendant, might be vacated, and for further relief, &c.
    Hanson, Chancellor, (February term. 1805,J Decreed, that the bill of complaint be dismissed, but without costs. From this decree the complainant appealed to this court.
    The case was argued at June term 1808,
    before Polk, Buchanan, Nicholson, and Gantt, J. by
    
      Hall and T. Buchanan, for the Appellant;
    and by
    
      Johnson, (Attorney-General,) for the Appellee,
    and was reargued at the present term before Chase, Ch. J. Buchasan, Gantt, and Earle, J.
    
      T. Buchanan, for the Appellant,
    cited Land Hold. Ass. 186, 275, 359, 362, 319, 361, 469; and the act of 1785, eh. 88, s. 10.
    
    
      
      Martin, and Johnson, (Attorney-General,) for the Appellee,
    cited The Attorney-General vs. Snouiden, 1 Hcirr. fy Johns. 332.
   3JECR.EE AFFIRMED*  