Glasgow's Lessee v. Smith and Blackwell
Tennessee Superior Court for Law and Equity
Ejectment. Common rule, not guilty, and issue. The lessor of the plaintiff, claimed under a grant from the state of North-Carolina, to Stockly Donelson, for fifty thousand acres of land, dated the first of January, 1795. and a deed from Donelson to the lessor of the plaintiff, dated 12th August, 1797. The defendants claimed under the same grant, and a deed made by Henry Brazeale, deputy sheriff of Knox county, to the defendant Smith, dated on the nineteenth of September,…
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Ejectment. Common rule, not guilty, and issue. The lessor of the plaintiff, claimed under a grant from the state of North-Carolina, to Stockly Donelson, for fifty thousand acres of land, dated the first of January, 1795. and a deed from Donelson to the lessor of the plaintiff, dated 12th August, 1797. The defendants claimed under the same grant, and a deed made by Henry Brazeale, deputy sheriff of Knox county, to the defendant Smith, dated on the nineteenth of September, 1799, for the same fifty thousand acres of land. The sheriff's deed was made under the authority, as it recited, of three…
1Opinion
In order to open a way, so as to get a complete view of the main question, it may be necessary to consider, first, whether judgments bind real property or not; and if they do in ordinary cases, secondly, to what extent; thirdly, whether they will bind lands within the Indian boundary.
1st. The cases in Haywood, 94, 95, show that judgments bind real property against the alienations of the owner, but not as against executions.1 The authority of this case establishes the law, WILLIAMS, J., in Hayw. 99, 100, seems to have taken up a wrong idea of this decision; though he did not decide contrary to…
2Cases cited5 opinions
- United States v. WorrallSupreme Court of the United States · 1798
- Respublica v. ArnoldSupreme Court of Pennsylvania · 1802
- Lessee of Hubley v. WhiteSupreme Court of Pennsylvania · 1796
- Jackson ex dem. Winthrop v. IngrahamNew York Supreme Court · 1809
- White v. HartSupreme Court of Pennsylvania · 1793