Hinton v. M'Gavock
Tennessee Supreme Court
In Error. M’Gavock sued Hinton, in ejectment, in the Davidson circuit court. M’Gavock’s grant issued in 1808 — the grant to Prunell, under whom Hinton, the defendant below, claimed title, by a regular chain of conveyances, issued In 1793. The elder grant of Prunell, compelled M’Gavock to resort to his elder entry, No. 173, dated January 24th, 1784 in the following words: “James M’Gavock, assignee of Evan Baker, assignee of Hugh M’Gary, assignee of Thomas Hendricks, by the…
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In Error. M’Gavock sued Hinton, in ejectment, in the Davidson circuit court. M’Gavock’s grant issued in 1808 — the grant to Prunell, under whom Hinton, the defendant below, claimed title, by a regular chain of conveyances, issued In 1793. The elder grant of Prunell, compelled M’Gavock to resort to his elder entry, No. 173, dated January 24th, 1784 in the following words: “James M’Gavock, assignee of Evan Baker, assignee of Hugh M’Gary, assignee of Thomas Hendricks, by the commissioner’s certificate, having first paid £15 17s. of the sum required by law, enters 640 acres of land adjoining Evan…
1Opinion of the CourtCatron, J.
No proof was introduced to show, that the claim of Evan Baker, as-signee of Samuel Conn, was notorious at the time M’Ga-vock’s entry was made, on the 24th January, 1784; but it was proved, that about January, 1783, John Shelby made a survey, with a view to locate more precisely, Evan Baker’s entry, which entry was made in October, 1784. To affect the claim of Hinton, with the notoriety of M’Gavock’s entry, much pains was taken to prove that the beginning of *196Evan Baker, assignee of Conn, became notorious before the gran£ £0 prunell issued.
The entry of Ewing being special, both in its locative…
2Cases cited2 opinions
- Carter and Stubblefield v. WardTennessee Supreme Court · 1814
- Kerr's Lessee v. PorterTennessee Superior Court for Law and Equity · 1808