Gray v. Darby's Lessee
Tennessee Supreme Court
A deed is founded upon a grant, within the meaning of 43, 4, when it is made for the conveyance of granted land, by whomsoever made, and upon whatsoever consideration. [See Campbell v. Crockett, 8 Y. 228, where this case is cited.] And, therefore, a deed purporting to convey the land in suit to the tenant in possession, though void, and forming no connection, either legal or equitable, with the grant, accompanied with seven years’ peaceable and uninterrupted possession, is a…
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A deed is founded upon a grant, within the meaning of 43, 4, when it is made for the conveyance of granted land, by whomsoever made, and upon whatsoever consideration. [See Campbell v. Crockett, 8 Y. 228, where this case is cited.] And, therefore, a deed purporting to convey the land in suit to the tenant in possession, though void, and forming no connection, either legal or equitable, with the grant, accompanied with seven years’ peaceable and uninterrupted possession, is a bar to recovery in ejectment under that Act.
1Opinion of the CourtCatron, J.
This was an action of ejectment brought to the Circuit Court of Williamson County, at the May term, in the year 1816 ; at the February term, 1821, the cause was tried, when the jury gave a special verdict, containing the following facts : “That on the 10th July, 1784, John Elliott made an entry for the land in controversy ; that the said John Elliott was killed by the Indians on the 20th May, 1789 ; that he died intestate, leaving Zilpha Elliott his widow, and George S. Elliott his son and only heir; that George S. Elliott was born on the 14th February, 1788 ; that at the April term of…
2Cases cited8 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- The Santissima Trinidad.Supreme Court of the United States · 1822
- Den v. TurnerSupreme Court of the United States · 1824
- Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
- Jackson ex dem. Hardenbergh v. SchoonmakerNew York Supreme Court · 1809
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