North Carolina Jany. 21st 1757. This Plan represents a Tract of Land lying in Craven County Containing 970 Acres Laid Down by a Scale 1/100 Poles to an Inch. As will apear by the Case Annexed.

A tract of 640 Acres of Land is sold by the Proprietors to A.B. and a Patent granted upon the Purchase at 6d. ⅌. 100 Acres Quit Rent dated the 5th. of Novr. 1714 lying on the South Side of Neuse River beginning at a Red Oak about a Mile and half from the Fork running South 50° West 320 poles to a pine Then North 50° West 320 poles to a white Oak at the head of a small Creek thence down that Creek to the Mouth 320 poles thence along the Main Creek and River to the Beginning 320 poles.

This patent hath been granted above 40 years and so long claimed and enjoyed if the building a small house and clearing about 30 Acres of Land many years after the Grant can be called occupying the whole, there have been 2 Corner Trees marked upon the first Line about 10 years ago, the third Line never run to the 3d. Corner, nor the Corner Tree marked; The other 2 Lines from the 3d. Corner & head of the Creek to it's Mouth and thence along the main Creek to the first Station never run, until within this Month they were run unknown to the patentee, and the 3d. and 4th. Lines by the Natural Boundaries instead of being 320 poles each as granted by the patent are above 500 poles each—So that there is contained within these natural Boundaries about 1000 Acres instead of 640 supposed to be granted by patent.

Query. Whether any more than 640 Acres purchased as limited & expressed in the patent are granted by this Survey to the patentee? And whether the Surplus Acres do not remain still in the Crown to be disposed of, or whether after so long possession if occupying about 130 Acres of it many years after the Grant, can be called a possession of the whole, when no Enquiry had been made into it, nor Discovery made of it until this time, the Right of the Surplus remains in the patentee?

If the Right shall appear to be in the Crown, then query. Whether his Majesty in his Court of Claims hath not a Right to grant the Surplus Lands, after allowing the patentee ^10^ Acres for each 100, upon Account of the Variation of Instruments to the Information Discoverer or to any other person preferably or equally as to the patentee?

In Case it shou'd be adjudged to the patentee is not the Crown entitled to the Surplus Quit rents at 4 Shillings ⅌. 100 Acres from the Date of the patent instead of the 6d. ⅌. 100 only reserved in the patent?

Another Case

A Patent is granted speciali Gratia without Rights for 250 Acres, and upon protracting the Lands by the Courses and Distances as also by the marked Trees on these Courses and Distances, it holds out to be 600 Acres; and this patent altho' enjoyed for some years hath never been improved; the Lands granted only adjoyning to other patented Lands occupied by the patentee.

Query. Whether any more than 250 Acres as mentioned in the patent is granted to the patentee being the Quantity for which the Warrant of Survey was granted, although the Lines were extended by the fraud or Ignorance of the Surveyor so as to contain 600 Acres whether in this and the like Instances the Crown is not deceived in the Grant especially, as they are not granted to the patentee by any Right claimed, but out of favour—May not the Crown convey the Surplus Lands to the Discoverer as an Incouragement to detect such frauds, altho' they ly within his Lines and marked Trees?

North Carolina.
Draught of two Cases, relative to Grant of Land, stated by Govr. Dobbs, for the Opinion of Counsel.

Recd. with Govr. Dobb's letter
dated the 20th. Janry. 1757.

Recd. April 22d.
Read —— 27th 1757.

C. 126.