Legal Opinion

M'iver, Lessees v. Ragan

Supreme Court of the United States

Decided February 10, 1817PublishedCited by 96 opinions

Error to the circuit Court for the district of West Tenessee. Tile plaintiffs in error brought an ejectment in that court for 5,000 acres of land, in possession of the defendant, Ragan, and on the trial gave in evidence a grant from the State of North Carolina, of 40,000 acres, comprehending the lands for which the suit was instituted.

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Error to the circuit Court for the district of West Tenessee. Tile plaintiffs in error brought an ejectment in that court for 5,000 acres of land, in possession of the defendant, Ragan, and on the trial gave in evidence a grant from the State of North Carolina, of 40,000 acres, comprehending the lands for which the suit was instituted. The defendants claimed, under a junior patent to Mabane, and a possession of seven years held by Ragan, which, by the statutes of North Carolina and Tenessee, constitutes a bar to the action, if the possession be under colour of title. To repel this defence,…

1Opinion of the Court

Mr. Ch. J. Marshall

delivered the opinion of the court, and, after stating the facts, proceeded as follows:

It is contended, by the plaintiffs in error, that the judge misconstrued the law in his instructions tq the jury.

The case is admitted to be within the act of limitations of the state of Tennessee, and not within the letter of the exceptions. But it is contended, that, as the plaintiffs were disabled, by statute, from surveying their land, and, consequently, from prosecutÍQg this suit with effect, they must be excused from bringing it; and are within the equity, though not within the…

2Cited by96 opinions

  1. Hanger v. AbbottSupreme Court of the United States · 1868
  2. Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
  3. Tynan v. WalkerCalifornia Supreme Court · 1868
  4. United States v. Colorado & N. W. R. Co.Court of Appeals for the Eighth Circuit · 1907
  5. Shreve v. CheesmanCourt of Appeals for the Eighth Circuit · 1895

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