Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 104

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 104

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...of 436 poles, defendants would not only obtain their 600 acres, but would not conflict with complainants' boundaries. As before stated, it appears that defendants' title was based upon two entries, one made in 1842 and one in 1857, and each purporting to embrace the same 600 acres. Between the dates of the original entry, and before the survey was made, to wit, in 1941, complainants' entry was made covering the land in dispute, and this entitled them to a grant to relate back to the date of the entry, nothing else being in the way. If, now, the defendants, commencing at their beginning corner, should survey a tract of land by the distance calls in their grant, it would contain 600 acres, the amount called for in it, and still there would be no conflict. We think that the preponderance of the evidence sustains this view, and while natural objects will usually control corners and distances, still such objects must be fixed, stationary and well defined, and not subject to such changes as is shown by the proof in this case as to the-margin of the lake. It has been held that a senior enterer cannot extend his entry by survey beyond the calls and amount of his entry as against a junior claimant. Fly v. Lessee of E. Tenn. College, 2 Sneed, 689; Nolen v. Wilson, 5 Sneed, 339; Bleidorn v. Pilot Mt., 5 Pickle, 199. We do not find any Si1l', lSf8.Cll0l'y evidence of possession and actual inclosure and occupancy by either party of the land in dispute. It is said it was error to tax in the bill of cost the cost of the transcript in the case of Caldwell v. Wilson, which was a link in complainants chain of title. It is said the final decree was all that was necessary. We think this contention not well made. If the decree alone more

Product details

  • Paperback | 170 pages
  • 189 x 246 x 9mm | 313g
  • United States
  • English
  • black & white illustrations
  • 1236948602
  • 9781236948601