Talbot v. M'Gavock
Tennessee Supreme Court
This cause was argued at a previous term of the court, before judges Whyte and Catron, (Peck, Judge, being disqualified from setting, as he was related to one of the , . , ° . , t J parties.) At that term no judgment was given, J udges Whyte and Catron disagreeing in opinion.
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This cause was argued at a previous term of the court, before judges Whyte and Catron, (Peck, Judge, being disqualified from setting, as he was related to one of the , . , ° . , t J parties.) At that term no judgment was given, J udges Whyte and Catron disagreeing in opinion. The cause was certified to the Governor, under the provisions of the act of 1829, ch. 96, who appointed Nicholas P. Smith Esq. of Franklin, a special judge, to determine the case, in conjunction with judges Whyte and Catron. At the present term, it was again argued by O. B. Hays, for the plaintiff in error, Talbot, and…
1Opinion of the Court
Smith, special Judge.
On the 24th January, 1784, James M’Gavock entered a pre-emption 640 acres of land, adjoining Evan Baker, assignee of Samuel Conn, on the north, beginning at Conn’s beginning, running west 320 poles, north 320 poles, &c. James M’Gavock was assign-ee of Evan Baker, assignee, &c.
On the 19th October, 1784, David Shelby, assignee of William Conn, assignee of Evan Baker, assignee of Samuel Conn, entered a pre-emption of 640 acres, lying about a mile and a half nortb-east of Nashville, joining James Shaw’s survey on the north; beginning at a large black oak and hackberry, on a…
2Cases cited7 opinions
- Trimble v. SmithCourt of Appeals of Kentucky · 1815
- Kennedy v. WoolfolkTennessee Superior Court for Law and Equity · 1809
- John Smith Others v. the Lessee of CraigTennessee Supreme Court · 1814
- Reids Lessee v. DodsonTennessee Supreme Court · 1809
- Wallen v. CampbellTennessee Supreme Court · 1814
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3Cited by2 opinions
- Black v. SmithWest Virginia Supreme Court · 1878
- Wheatley v. San Pedro, L.A. & Salt Lake R.R.California Supreme Court · 1915