Craddock's Lessee v. Stalcup
Tennessee Superior Court for Law and Equity
The lessor of the plaintiff had the oldest entry and grant. The plaintiff's entry called to begin at a certain place, running East and South for quantity. The defendants entry began at the same place, calling to run East and North for quantity. The defendant’s entry was made before the plaintiff's grant issued.
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The lessor of the plaintiff had the oldest entry and grant. The plaintiff's entry called to begin at a certain place, running East and South for quantity. The defendants entry began at the same place, calling to run East and North for quantity. The defendant’s entry was made before the plaintiff's grant issued. On the part of the it was proved, that older claims intervened to the East and North, by which he was confined in making his survey, so that he could not get his quantity, without running to the west of a north line, from the beginning. The plaintiff also run his line to the west of a…
1Per curiam
In this case the plaintiff produced a grant for the land in contest, which is older than the defendants, and on legal principles would entitle him to recover the land, if not barred by seven years possession. Our practice, however, has carried questions of this kind back of the grant, to the entry. Whenever this is done, we must consider ourselves governed by the same principles as we are in a court of equity. The moment we leave the grant and recur to the entry, we get into a field of equity, and must be governed by its principles. It is insisted by the defendant, that when his land was run…
2Cases cited2 opinions
- Peck v. Trustees of RandallNew York Supreme Court · 1806
- Lessee of Hall v. VandegriftSupreme Court of Pennsylvania · 1811
3Cited by2 opinions
- Brown v. BrownTennessee Supreme Court · 1884
- Ellege v. CookeTennessee Supreme Court · 1880