Blount v. Ramsey
Tennessee Supreme Court
RCaveat. Blount commenced this paveat to prevent the issuance of a grant to the defendant Eamsey, upon the following entry: — “No. 1608, Robert Kirkpatrick enters two thousand acres in Green County, on the south side of the land granted to the continental line of North Carolina, including the first mile tree on the west line, running west and south for complement, adjoining a large knob.
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RCaveat. Blount commenced this paveat to prevent the issuance of a grant to the defendant Eamsey, upon the following entry: — “No. 1608, Robert Kirkpatrick enters two thousand acres in Green County, on the south side of the land granted to the continental line of North Carolina, including the first mile tree on the west line, running west and south for complement, adjoining a large knob. April 2, 1784.” The entry under which Blount claimed was special; but it was of a younger date than that made in the name of Kirkpatrick. A jury being empanelled to try such facts as were not agreed upon by…
1Opinion of the Court
Overton, J.1
Ramsey’s entry being the oldest, the only question is wbether it has been surveyed agreeably to law.
On the part of the plaintiff it is insisted that Ramsey’s survey should have adjoined one of the eastern knobs, and then it would not interfere with the plaintiff’s survey.
Surveyors are officers of the government, sworn to do their duty. In making surveys they are directed by law to conform to the entries; in doing this they act independently of the claimants, and according to their best judgment. The law presumes every officer does his duty. Hardin’s Rep. 362; 11 East’s Rep. 297 ;…
2Cases cited3 opinions
- Front Street Cable Railway Co. v. JohnsonWashington Supreme Court · 1891
- Miller v. MillerSupreme Court of Pennsylvania · 1810
- Jackson ex dem. Crossett v. HunterNew York Supreme Court · 1806