Hoggat v. M'crory Gillaspie
Tennessee Superior Court for Law and Equity
Bill in Equity.—The plaintiff claimed by a deed of conveyance from Bradley whose claim is founded on the folowing entry of a pre-emption right, "No. 370 March 23, 1784, Edward Bradley enters a pre-emption of 640 acres of land, lying on the head of a branch that runs into Stone's river, about one mile above the Station, including the Cave spring on the north side of the trace marked E.B." upon which a survey was made August 10, 1790, and a grant issued, Nov. 27, 1790, No.…
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Bill in Equity.—The plaintiff claimed by a deed of conveyance from Bradley whose claim is founded on the folowing entry of a pre-emption right, "No. 370 March 23, 1784, Edward Bradley enters a pre-emption of 640 acres of land, lying on the head of a branch that runs into Stone's river, about one mile above the Station, including the Cave spring on the north side of the trace marked E.B." upon which a survey was made August 10, 1790, and a grant issued, Nov. 27, 1790, No. 348. The Plaintiff claims the land, a view of which is exhibited in the annexed plat by the lines A B C D E F G H I. The…
1Per curiam
The jury have found that the land in contest, is included in the survey of Bradley; the only question is, whether Bradley or those who claim under him, can hold the land under the entry. It appears that M’Crory not only surveyed, but that he got his grant before Bradley surveyed.
This we believe does not deprive Bradley of any advantage which the law gave him on account of his having the oldest entry. The surveyor is directed by law, to survey the oldest entry first, and if he does actually survey a younger entry before an older, it should not place the first enterer in a worse situation.
Bradle…
2Cited by7 opinions
- Philip's Lessee v. RobertsonTennessee Supreme Court · 1815
- Whitworth v. ThompsonTennessee Supreme Court · 1881
- State v. White's Creek Turnpike Co.Court of Appeals of Tennessee · 1876
- Dearing v. N., C. & St. L. Ry.Tennessee Supreme Court · 1932
- Philip's Lessee v. RobertsonTennessee Supreme Court · 1815
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