Barrow's Lesse v. Navee
Tennessee Supreme Court
The land in controversy in this suit was granted to Andrew Greer, in 1790. He had ten children, one of whom (Jane,) intermarried with Willie Barrow in 1799,and had issue, David, Alexander and Jane,“and in 1802 she died. In 1805, Andrew Greer died; one eighth part of the land upon his death vested by descent in David, Alexander and Jane Barrow.
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The land in controversy in this suit was granted to Andrew Greer, in 1790. He had ten children, one of whom (Jane,) intermarried with Willie Barrow in 1799,and had issue, David, Alexander and Jane,“and in 1802 she died. In 1805, Andrew Greer died; one eighth part of the land upon his death vested by descent in David, Alexander and Jane Barrow. In 1809, Willie Barrow the father, sold this one eighth part, and conveyed it by deed to Blackmore, and on the 12th September 1814, Blackmore conveyed to defendant, Nave; upon the same day George Wilson purchaj Blackmore’s right at Sheriíf’s sale, but…
1Opinion of the Court
Opinion of the court delivered by
Judge Catron.
Two opposite grounds are assumed in argument,as to the effect of the saving in favor of Jane. The counsel for the lessor of the plaintiff, contend, that the heirs of Jane Barrow, must be taken as one, and that the saving in favor of Mrs. Crabb (formerly Jane Barrow) prevents the bar from taking effect against her brothers. For the defendant it is insisted, that in actions of trespass and ejectment, all must sue, and if one is barred it necessarily operates as a bar to all, and rely upon Perry v. Jackson (4 Term. Rep. 516, 7 Cranch 156. 4 Day,…
2Cases cited2 opinions
- Marsteller and Others v. McCleanSupreme Court of the United States · 1812
- Jackson ex dem. Roman v. SidneyNew York Supreme Court · 1815