Lamb v. Harris
Supreme Court of Georgia
Decision on demurrer, in Muscogee Superior Court, by Judge Alexander, May Term, 1850. The bill filed by Lewis Lamb charged, that in the land lottery disposing of the lands in Muscogee County, one Charles Whit-lock was the drawer of lot No. 176, in the 6th district, who afterwards sold the same to William Crew, and that William Crew sold to complainant, who had remained in possession ever since; that upon the sale to Crew, Whitlock applied at the Executive and other…
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Decision on demurrer, in Muscogee Superior Court, by Judge Alexander, May Term, 1850. The bill filed by Lewis Lamb charged, that in the land lottery disposing of the lands in Muscogee County, one Charles Whit-lock was the drawer of lot No. 176, in the 6th district, who afterwards sold the same to William Crew, and that William Crew sold to complainant, who had remained in possession ever since; that upon the sale to Crew, Whitlock applied at the Executive and other Departments of the Government at Milledgeville, to obtain the grant, and was informed by the officers in charge of the same, that…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] We recognise the right of the citizen to be relieved against *548a grant which has been improperly issued by the State, in a proper case made ; for, as Sir Edward Cohe tells us, the Chancellor in England derives his name from his power of cancelling (a cancellando,) the King’s letters patent, when granted contrary to law. 4 Inst. 88. And this jurisdiction belongs, undoubtedly, to the Superior Courts in this State.
[2.] But we are of the opinion that this bill is defective in two particulars : First, the complainant does not show proper diligence…
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