Hembree v. White

delivered the following opinion of the court. *

The bill is exhibited by Benjamin Hambree, who states that Zachariah Hembree settled himself on the land in contest, supposing it to be vacant, and made an improvement, with a view of procuring a preemption under the authority of the acts made for the benefit of occupants, and thereupon made a survey on which he ought to obtain a grant ; that the defendant claiming title to this land, commenced an ejectment, and recovered judgment.

The claim of the defendant is in consequence of a grant from Carolina, for 400 acres, No. 303, describing its…