Page:Federal Reporter, 1st Series, Volume 8.djvu/399

7VSSBIiI< V. HUaBES. 3S5 �4. Same— Entht AMD BuBVET Gavb Conditional, not Absoltjtb, EsTA-rai. �The entry and survey did not vest the party ■with an equitable estate whicb congress cannot deprive him of by legislation. His rights were not vested ab- solutdy, but only subject to the conditions prescribed by the statutes, under which alone his rightg arose ; and, having failed to comply with the conditions prescribed to perfect his estate and title, his inchoate rights never ripened into an indefeasible title. �5. Equitt — Recovery of Possession of Land by Eqititable Owner— Legal �Title in United States. �A bill for the recovery of possession of land, but asserting no equity against the defendants in possession escept that they are in possession without title to the land which in equity belongs to complainant, vhe legal title to which is in the United States, cannot be entertained. �6. JUKISDICTION OF UNITED StATES COUKTS OVEK SuKVEYOR— VlBOmiA MlLITARY �District. �The United States courts have no jurisdiction over the principal surveyor of the Virginia military district in the discharge of his duties, and have no right to control the public records lawf ully in his custody. �Golf V. Q.dloway, 4 Pet. 332, fullowed. �7. Equity— Statutb of Limitations— Legal astd Equitable Titles. �In equity, as well as at law, a statute of limitations is a bar when the con- flicting titles are adverse in their origin, and one was equitable and the other legal. �8. Statotb of Limitations — Adverse Possession — Entirb Tract Claimed. �One who enters upon land under color of title, intending to take possession of the entire tract, no part of which is held adversely at the tinie of his entry. is deemed to be in possession to the extent of liis claim. �9. Ohio Statute op Limitations — Real Actions — When to be Brought Af- �ter Removal of Disability. �Under sections 4977-8 of the Revised Statutes of Ohio, limiting the times within which actions for the recovery of the title or possession of real estate may be brought, the action must be brought within 10 years after the disability is removed, unless in cases where that period would terminale less than 21 years from the time the cause of action accrued. �In Equity. �Jeremiah Hall, for complainant. �West, Walker e West, for defendants. �Matthews, Justice. These suits wcre argued and may be decided together. The material facts as they appear by the pleadings and proof s, so far as material at present, are as follows : �On the nineteenth day of July, 1822, warrant No. 6508, for 200 acres of land, was granted by Virginia to Archibald Gordon, late of Cecil county, Maryland, for service in the Virginia Une, on continental establishment, in the war of the revolution. �On July 1, 1823, he caused this warrant to be located on entry 12017, in the Virginia military district, in Logan county, Ohio, and the same to be duly recorded. �On March 25, 1823, this location was carried into survey, and on November v.8,no.6— 25 ��� �