Lessee of Powell v. Harman
Supreme Court of the United States
THIS case came before the'Court from the circuit court of western Tennessee, on a certificate of division from the judges of that court.
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THIS case came before the'Court from the circuit court of western Tennessee, on a certificate of division from the judges of that court. In the court below, the lessor of the plaintiff showed a regular title to the lands in question, under a grant from the state of North Carolina; and proved that the defendant was in possession of the land in dispute". The defendant proved; that he had been in peaceable possession of the land for more than seven years, holding adversely to the plaintiff, under a'deed from the sheriff of Montgomery bounty, dated the 14th of April 1808, founded upon a salé for…
1Opinion of the CourtChief Justice Mahshall
The question now. referred to this Court differs from that which >was decided in Patton’s lessee vs. Easton, 1 Wheat. 476, in this, that the defendant who sets up a possessidn of s^Vjen years in bar of the plaintiff’s title, endeavours to connect'himself with a grant. The sale and conveyance however, by which this connexion is to be formed, are admitted to be void. The conveyance being made by a person having no authority to make it, is of no validity, and cannot connéct the purchaser with the original grant. We are therefore of opinion that the law is for the plaintiff and that this be…
2Cited by16 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Balkam v. Woodstock Iron Co.Supreme Court of the United States · 1894
- Selman v. WolfeTexas Supreme Court · 1863
- Robinson v. LoweWest Virginia Supreme Court · 1901
- Quinette v. Pullman Co.Court of Appeals for the Eighth Circuit · 1916
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