William S. McEwen and Henry H. Wiley, in Error v. John Den, Lessee of Charles Bulkley and Stuart Brown
Supreme Court of the United States
This case was brought up by writ of error from the Circuit Court of the United States 'for the eastern district of Tennessee. The principal'question' in the case was, whether'the possession of the defendants below was upon the tract of land claimed by the plaintiffs, so as to constitute á bar to the action through thé statute of limitations. Maps were produced in court, but so many tracts of land were laid down upon them, that it was difficult to decide the point.
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This case was brought up by writ of error from the Circuit Court of the United States 'for the eastern district of Tennessee. The principal'question' in the case was, whether'the possession of the defendants below was upon the tract of land claimed by the plaintiffs, so as to constitute á bar to the action through thé statute of limitations. Maps were produced in court, but so many tracts of land were laid down upon them, that it was difficult to decide the point. The arguments of counsel bear ng upon it could not possibly be understood by the reader.
1Opinion of the CourtJustice Catron
Bulkley sued McEwen and Wiley, in an action of ejectment* for 5,000 acres of land. At the trial, the plaintiff introduced a patent issued to Thomas B. Eastland, dated December 21st, 1838* No. 22,261. The plaintiff next offered to read the copy .of a deed from Eastland to Bulkley for the tract granted, (with other lands;) to the reading of which objection was made, but the court admitted the copy to be read; to the admission of which the defendants excepted.
By the laws of Tennessee, the fee in land does not pass unless the conveyance is proved, or duly acknowledged and registered. This deed…
2Cited by19 opinions
- Chew Heong v. United StatesSupreme Court of the United States · 1884
- Ruffner's Heirs v. HillWest Virginia Supreme Court · 1888
- Dodge v. Nevada Nat. Bank of San FranciscoCourt of Appeals for the Ninth Circuit · 1901
- Gordon v. Empire Gas & Fuel Co.Court of Appeals for the Fifth Circuit · 1933
- Casey v. BinghamSupreme Court of Oklahoma · 1913
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