Jackson v. Moye
Supreme Court of Georgia
Caveat to land warrant, in "Washington Superior Court, Tried before Judge Holt, at September Term, 1859. James H. Jackson, the plaintiff in error, made application to the Land Court of Washington county for a warrant of survey of certain alleged vacant land in said county, subject to head rights.
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Caveat to land warrant, in "Washington Superior Court, Tried before Judge Holt, at September Term, 1859. James H. Jackson, the plaintiff in error, made application to the Land Court of Washington county for a warrant of survey of certain alleged vacant land in said county, subject to head rights. The Justices granted the warrant, and John E. Moye, the defendant in error, entered his caveat in the Superior Court, for this, to-wit: “ that said land is not vacant, .but is surveyed land,-and has been in the peaceable and undisturbed possession of caveator for more than seven years ” before this…
1Opinion of the Court
By the Court. —
Jenkins, J., delivering the opinion.
The questions raised by this bill of exceptions require a construction of the Act of 17th February, 1854, pamphlet. 75, entitled, “ An Act to secure a preference to persons in possession, in applications for grants under the laws pertaining to head rights.” It must be conceded that this Act is *299curiously framed, so curiously as to render its construction somewhat difficult. The difficulty, however, does not absolve the Court from the duty of endeavoring so to construe it as to effect legislative intent to advance the remedy. As indicated by…
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