Napier's Lessee v. Simpson
Tennessee Superior Court for Law and Equity
The plaintiff claimed under a military grant for 274 acres, No. 2085, dated May the 20th, 1793.—The entry was made in the name of George Hooks, December the 20th, 1785, on Barton’s creek, about one mile below the lower meat house made by Deason and Williams, to include a spring and beach marked W. B. I. R. and also under a sheriff's deed for taxes.
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The plaintiff claimed under a military grant for 274 acres, No. 2085, dated May the 20th, 1793.—The entry was made in the name of George Hooks, December the 20th, 1785, on Barton’s creek, about one mile below the lower meat house made by Deason and Williams, to include a spring and beach marked W. B. I. R. and also under a sheriff's deed for taxes. The defendant claimed by deed from William Cockran, dated August the 15th, 1799 ; two grants issued to Cockran of 640 acres each, dated on the 12th of November, 1791, bottomed on entries made on the 30th of November, 1799. There was a spring which…
1Opinion of the Court
Overton, j.
sitting alone, (Humphreys, j. having been employed, and Campbell, j. absent the whole of this term from indisposition.)
The defendant has the oldest grant, and in order to do away the effect of it, the plaintiff shews an older entry. This entry is good oh the face of it, and whether its calls have been complied with in the survey, is for the jury to determine. Calls in an entry are either directory or locative; the first are assistant, the latter bring the mind to the particular spot. If locative calls are not consistent with directory, they should greatly preponderate as to…
2Cases cited2 opinions
- Stewart v. FosterSupreme Court of Pennsylvania · 1809
- Jackson ex dem. Crossett v. HunterNew York Supreme Court · 1806
3Cited by9 opinions
- Wilkins v. Chicago. St. Louis & New Orleans RailroadTennessee Supreme Court · 1903
- Slatton v. Tennessee Coal, Iron & R. R.Tennessee Supreme Court · 1902
- Elliott v. Cumberland Coal & Coke Co.Tennessee Supreme Court · 1902
- Round Mountain Lumber & Coal Co. v. BassTennessee Supreme Court · 1916
- Woodruff v. RoysdenTennessee Supreme Court · 1900
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