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CROCKET V. LEE, 20 U. S. 522 (1822)

U.S. Supreme Court

Crocket v. Lee, 20 U.S. 7 Wheat. 522 522 (1822)

Crocket v. Lee

20 U.S. (7 Wheat.) 522


A question on the validity of a certificate for a settlement right in Kentucky and of the entry thereof in the surveyor's office.

It is a settled rule that the decree must conform to the allegations in the pleadings as well as to the proofs in the cause.

Therefore, when the question is on the validity of a location and neither its vagueness nor its certainty is distinctly put in issue by the pleadings, the testimony to that point will be disregarded by this Court; but if the merits appear to justify it, the cause will be remanded to the court below with directions to permit the pleadings to be amended.

Page 20 U. S. 523

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