Page:Federal Reporter, 1st Series, Volume 8.djvu/400

886 FEDRSALTRHMBTEBi �5, 1824; thiS siirvey w'as recorded in the office of the principal surveyor of said district atiChlllteothe. ' - i' �Archibald Gordon teed intestate abQut the year 1829 or 1830,leaving Archi- bald Gordon, Jr., hIB oiily chiid and heir at law. �Arehibald Crordoij., Jr'., (iiea intestate about the year 1833 or 1884, leaying the complainant aud her sisker, Sarah Priscilla, his only cbildren and heirs at law. _ �The complainant was intermarried on Xovember ], 1855, and her hnaband died about August 1, 1865r., Her sister, Sarah P., was married about Decem- ber 4, 1848, and died leaving Sarah Elizabeth her only child and heir at law; her husband died about the year 1855. Her child, Sarah Elizabeth, died at the age of nine years and six months, leaving complainant her sole heir at law. �No patent bas ever been applied for or issued, on this entry and survey, by br to Arehibald Gordon or his legal representatives. According to the testi- mohy of E. P. Kendrick, principal surveyor of the Virginia military district at Chillicothe since 1845, this entry and survey of Arehibald Gordon are marked '• withdrawn" on the record, as, he supposes, because it was thought that the location was made upon a state-line warrant, though he never saw the warrant. His supposition is based on a note made on the record of Gor- don's location of the words " state line ;" but by whom this note and the word " withdrawn were written, and at what time, he does not know. A certifled cppy or duplieate of warrant No. 6508, the original being dated July 19, 1822, to Arehibald Gordon, certifled by the register of the Virginia land-office at Richmond, Virginia, shows that it was issued in consideration of services as •i private in the continental line. �On May 25, 1840, Cadwallader Wallace made an entry in his own name of 50 acres of land in said distriiit, and caused the same to be recorded on mili- tary warrant 'Np. 6713, desciibed po that the west line of the Gordon survey No. 120I7 shouid be the east Une of Wallace's entry No. 14530. �On the next day, May 26, 1840, "Wallace caused a survey of this entry to be recorded, and from the survey it appears that his 50 acres were laid off and described, so that the whole of it lies within the limits of the Gordon survey ; the west line of the latter being also the west line of the "Wallace survey, instead of the east liue, as called for. by the entry. And on April 8, 1842, "Wallace obtained a patent from the "United States for the land described by and embraced within this survey. �On October 4, 1851, Daniel Gregg made an entry in the records of the prin- cipal surveyor of said district, No. 16070, of 130 acres, on military warrant No. 442, to include the vacant lands between surveys 9993, 9997, 9994, 9958, and 14530, the last-named being "Wallace's 50-acre survey, as above described. �On December 20, 1851, Gregg procured 100 acres of his entry to besurveyed so as to cover that much of the land within the entry and survey No. 12017, of Arehibald Gordon, lying next east to Wallace's 50-acre survey, �Cadwallader "Wallace, by a previous entry and survey, recorded November 5, 1834, became the proprietor of 150 acres of land. the title to which is not in dispute, described in the survey so that its east line coincided its full length for that distance with the west line of Arehibald Gordon's survey No. 12017 to ��� �