Sawyer's Lessee v. Shannon and Boling
U.S. Circuit Court for the District of Tennessee
Ejectment; not guilty, and issue. The defendants claimed under the oldest grant, and relied on the statue of limitations. It was proved on the part of the defendant, that Thomas Mollay purchased at sheriff's sale, and took a sheriff's deed; he sold to Shannon, and gave his bond to convey.
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Ejectment; not guilty, and issue. The defendants claimed under the oldest grant, and relied on the statue of limitations. It was proved on the part of the defendant, that Thomas Mollay purchased at sheriff's sale, and took a sheriff's deed; he sold to Shannon, and gave his bond to convey. Shannon took possession early in the spring of 1800, and made a lettuce and cabbage patch, about twenty poles within the tract of the plaintiff; cleared a small quantity adjoining, perhaps a quarter of an acre, which in the following fall he added to, and continued to add to the clearing. On the 22d of…
1Opinion
There is one point in this case that I wish the plaintiff's counsel to attend to particularly, which is this: If Pinkham Eaton's heirs are satisfied as to the proceedings in obtaining the judgment at law, and selling the land, can strangers take advantage of any errors in those proceedings, or complain of them in a collateral way?
Mr. CAMPBELL concluded by observing that they had the oldest grant, which gave them a clear legal right, and, to take away that, the Court should see that there was a regular chain of title.
OVERTON, for the defendants, observed, that, as the Court would have the…
2Cases cited1 opinion
- Proctor v. MooreMassachusetts Supreme Judicial Court · 1804