Polk's Lessee v. Wendell
Supreme Court of the United States
Error to the Circuit Court of West Tennessee. This was an action of ejectment, for five thousand acres of land, in the State of Tennessee, granted by Governor of North Carolina, to Polk, the lessor of the plaintiff, on the 6th of May, 1800, on a warrant: from John Armstrong’s office, dated May 25th, 1784. The defendants, who were proved to be in possession of part of this tract, claimed title under a grant from the Governor of North Carolina to John Sevcir, for twenty-five…
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Error to the Circuit Court of West Tennessee. This was an action of ejectment, for five thousand acres of land, in the State of Tennessee, granted by Governor of North Carolina, to Polk, the lessor of the plaintiff, on the 6th of May, 1800, on a warrant: from John Armstrong’s office, dated May 25th, 1784. The defendants, who were proved to be in possession of part of this tract, claimed title under a grant from the Governor of North Carolina to John Sevcir, for twenty-five thousand and sixty acres, bearing date on the 28th of August, 1795. This grant appears by the annexed certificate of…
1Opinion of the CourtJustice Johnson
Both these titles are founded on what are called removed warrants, and priority of entry is altogether immaterial to the issue. But the existence of an entry, it is contended on behalf of the plaintiff, is indispensable to the issuing of a warrant of survey, and to the validity of grants, which ought by law to have their origin in such entries. With a view, therefore, to impeach the prior grant to Sevier, under which these defendants claim, the plaintiff proposes to prove, that there never were in fact any entries made to justify the issuing of the warrants under which their title had its…
2Cases cited2 opinions
- Jackson v. HoneycutTennessee Superior Court for Law and Equity · 1804
- Miller's Lessee v. HoltTennessee Supreme Court · 1805
3Cited by63 opinions
- Smith v. McIverSupreme Court of the United States · 1824
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Brush v. WareSupreme Court of the United States · 1841
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
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