Neal v. President of East Tennessee College
Tennessee Supreme Court
This is a bill of review. The original bill was filed on the 18th November, 1828. It alleges that William Neal, of North Carolina, (the brother of complainant Neal,) was a lieutenant in the continental line of said State, and was entitled, by the laws of North Carolina, to a land warrant for two thousand five hundred and sixty acres of land for his military services; that he died sometime previous to the year 1784, without issue, leaving as his heir at law, complainant Neal,…
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This is a bill of review. The original bill was filed on the 18th November, 1828. It alleges that William Neal, of North Carolina, (the brother of complainant Neal,) was a lieutenant in the continental line of said State, and was entitled, by the laws of North Carolina, to a land warrant for two thousand five hundred and sixty acres of land for his military services; that he died sometime previous to the year 1784, without issue, leaving as his heir at law, complainant Neal, his elder brother;, that a military warrant for two thousand five hundred and sixty acres was issued by the State of…
1Opinion of the Court
Catron, Ch. J.
Whether the act of limitations of 1819, ch. 28, sec. 2, operates in bar of a claim to land before an entry is made on the warrant, depends on the nature of the complainant’s title, and his right to sue in law or equity, to enforce his claim. Much confusion and not a little perplexity has prevailed among members of the legal profession, and with the courts of justice, in coming to a conclusion, what description of property a land warrant is; that it is a hereditament and descended to the heir, we have always holden; but from our habits of dealing for it as property, the land…
2Cases cited3 opinions
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Polk's Lessee v. WendellSupreme Court of the United States · 1820
- Fowle v. Corporation of AlexandriaU.S. Circuit Court for the District of District of Columbia · 1827