Legal Opinion
Weatherhead, Etc. v. the Lessee of Bledsoe's Heirs
Tennessee Supreme Court
Decided June 6, 1815No. At once, we perceive, as between claimants and possessors, who were the greatest favorites with the legislature. In plain language claimants are told, it is indispensible we should get our country settled, population must be encouraged; our disposition is to sell to those only who will settle, clear, and cultivate the lands, so as to give the country strength and safety, and as for as we can, consistently with sound policy, to protect such persons, in the fruit of their toils difficulties and dangers. Though there may be a few individuals, who have, or may hereafter, settle on granted lands, without having purchased of any person, and have or may continue there for seven years, yet as we know from the nature of things, that these cases must be rare, it is not important to legislate on so narrow a principle. Especially as such persons will have incurred expence, and for a considerable time will be exposed to hardships and dangers; the owners or claimants being negligent during the whole time, in not asserting their claims,(11) and in most cases not living among as to give that aid and comfort to society, which its situation requires. If persons have good and valid piper titles, they do not stand in need of our protection. It is the numerous body of illiterate men, who have honestly paid for their lands, but who through ignorance of forms have not legal paper titles, or when taken, have or may through time and accident, have lost them. We know, that negligent claimants will be gready more numerous man dish possesors; we will make a plain and simple rule, capable of being understood by every person knowing that simplicity and Anxiousty of rule, in limitation, is an important to its preservation. To those who assisted in the first settlement of the country, we give an absolute title, free from the possibility of any future embarrassment; and therefore in relation to them, there shall be no saving as to infants. &c. (12)Published
Ejectment, in Error.
1Opinion
The opinion formerly delivered in this cause remains the same. It will therefore be useless to reiterate the reasons for this opinion. It may be seen and examined by any person desirous of looking into it, being now on file in court. That there may be no misunderstanding, its result will be stated.
Having been in the practice of the law here since the spring of 1789, he was enabled to acquire a knowledge of the opinions of the bar and bench. respecting the construction put on the statute of 1715. In the fall and winter of 1789, being then a member of the convention which sat at Fayetteville in…
2Cases cited4 opinions
- Green v. Lessee of NealSupreme Court of the United States · 1832
- The EdwardSupreme Court of the United States · 1816
- Hampton's Lessee v. M'ginnisTennessee Superior Court for Law and Equity · 1808
- Sawyer's Lessee v. Shannon and BolingU.S. Circuit Court for the District of Tennessee · 1809