Polk's Lessee v. Wendal
Supreme Court of the United States
THIS case as, stated by the chief justice in delivering the opinion of the Court, wás as follows: . ' This is a writ of error to a judgment in ejectment rendered in the Circuit Court of the, United States, for the district of West Tennessee.
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THIS case as, stated by the chief justice in delivering the opinion of the Court, wás as follows: . ' This is a writ of error to a judgment in ejectment rendered in the Circuit Court of the, United States, for the district of West Tennessee. On the trial, the Plaintiff below, who is also Plaintiff in error, relied on a patent regularly íssmd from the state of Nor;h Carolina, for 500(3 acres of land, dated the 17th day of April, 1800, which patent included the lands in controversy. The Defendants then offered in evidence a patent issued also from the state ofNjnth Carolina, and dated on the…
1Opinion of the Court
Makshall, Ch. J.
after stating cue case, delivered the opinion of the Court as follows:
The first exception is to the-admission of the grarii set up by the Defendants in bar of the Plaintiff’s'title. This objection alleges the grant to be absolutely void for three causes.
The first is,
That no grant could lawfully issue for the quantity of land expressed in this patent.
If this objection be well.founded, it will be conclusive. Its correctness depends on the laws of the state of North Carolina.
The act of 1777, ch. 1, opens the . land office of the state, and directs an entry-taker to be appointed…
2Cited by178 opinions
- Crowell v. BensonSupreme Court of the United States · 1932
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- McArthur v. ScottSupreme Court of the United States · 1885
- Borax Consolidated, Ltd. v. Los AngelesSupreme Court of the United States · 1935
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