(DOWNLOAD) "Blunt's Lessee v. Smith and Others" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Blunt's Lessee v. Smith and Others
- Author : United States Supreme Court
- Release Date : January 05, 1822
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Feb. 25th. Mr. Gaston, for the plaintiff in error, argued, that the practice which prevails in the State of Tennessee, of permitting a younger to compete with an elder grantee in ejectment, by reason of the elder and better entry of such younger grantee, was admitted in the Tennessee adjudications to be an usurpation on the part of the Courts of law introduced since the year 1798, and now too long established to be questioned. Wilson v. Kilcannon, 1 Overt. 205. All agree that this innovation is not to be carried beyond its ascertained limits. 1 Overt. 409, 411; 2 Ibid. 153-4; 1 Cooke 32; 5 Hayw. 402. To this well meant but impolitic assumption of power in their Courts of Law is ascribed, with one voice, the fatal uncertainty of the Tennessee land laws. 2 Overt. 17; 5 Hayw. 102; Polk's Lessee v. Wendell, 5 Wheat. 302. The eldest grant is esteemed conclusive evidence of title except in the single case of an elder legal entry. Reid v. Buford, 1 Overt. 420. And every species of evidence to make a younger compete with an elder grant, shall be rejected except the entry. 1 Cooke 133. The acts of N. Carolina of 1786, c. 20 and 1787, c. 23. are the only statutes authorizing a Court of law to go beyond the grant in the examination of land claims, and under these the Courts have gone far enough, to say the least of it, when they look to the entry. Lester v. Craig, 1 Cooke 485, 487. Under these statutes, declaring an elder grant founded on a younger entry void, the Tennessee Courts have decided that the priority of entries is examinable at law, and that a junior patent founded on a prior entry shall prevail in an action of ejectment against a senior patent founded on a junior entry; but this doctrine has never been extended beyond the cases which have been construed to be within the express purview of these statutes. Robinson v. Campbell, 3 Wheat. Rep. 221.