Legal Opinion

Kilcrease's heirs v. Blythe

Tennessee Supreme Court

Decided December 15, 1845PublishedCited by 1 opinion

J. Brown furnished D. Kilcrease with land warrants, and Kilcrease located them on thirteen different tracts, containing in all nine hundred’and fifty-five acres, and obtained grants in his own name. Said lands were in the county of Lawrence. On the 6th March, 1823, Kilcrease gave Brown a penal bond binding him to convey one half of said land to him. One of the tracts specified in said bond was a tract for 278 acres.

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J. Brown furnished D. Kilcrease with land warrants, and Kilcrease located them on thirteen different tracts, containing in all nine hundred’and fifty-five acres, and obtained grants in his own name. Said lands were in the county of Lawrence. On the 6th March, 1823, Kilcrease gave Brown a penal bond binding him to convey one half of said land to him. One of the tracts specified in said bond was a tract for 278 acres. Kilcrease died intestate about 1824, leaving three children and heirs at law, to wit, Harriet, Frances and Kleber, minors. In February, 1829, Brown filed his bill in the chancery…

1Opinion of the CourtReese, J.

This is an action of ejectment to recover two hundred and seventy-eight acres of land, lying in Lawrence county. The lessors of the plaintiff are the heirs at law of Davis Kicrease, who was grantee of the land sought to be recovered. The defendant was in possession of the land at the time suit was brought; he read on the trial a deed of conveyance to himself from John Brown, and a deci’ee of the chancery court at Columbia, in favor of John Brown against the lessors of the plaintiff, divesting the said lessors, the heirs of Davis Kilcrease, of all title to said tract of 278 acres, and vesting…

2Cited by1 opinion

  1. Bass v. Southern Surety Co.Tennessee Supreme Court · 1929

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