The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1851-08-29
LOOK TOYOUR LAND TITLES!

LOOK TO YOUR LAND TITLES!
From the opinion Of our Supreme
Court. which we publish below, as
reported for the Nashville True Wing,
It will be seen that it behooves all who
have entered lands, in any Of the
Offices Of the state, 10 obtain grants
Mereupon before the LIST day Of Sep.
TENDER nezt, the time limited in the
acts Of 24th January, 1850, page $40
pamphlet acts, or such lands may be
taken and held by any subsequent
enterer.
Williams and Wife os. TAroop and
Lima.
Where the state sells land to two
individuals, and the first purchaser
fails, within the time required by law.
to perform the conditions upon which
he is to have title, thereby forfciting
his right, The title will vest in the
younger claimant who has complied
with the conditions, and the state can
not afterwards; by extending the time
for the performance Of such conditions,
take away the title that has so vested.
Therefore, where the same land
had been entered by two different
persons, and an interval Of one day
occurred between the expiration Of
the time given by one act to perfect
entries by obtaining grants, and the
commencement Ct another act giving
further time, and the younger enterer
had taken out grant previous to such
interval, and the elder had not--it was
held. that the title Of the younger
enterer was perfected in the interval,
and could not be Invested BY the sub.
.sequent act.
Opinion by Ldgc Green.
e., This is an action of ejectment, and
at the hearing the following facts
were agreed. The ancestor Of Mrs.
Williamson entered the land in con.
srovcrsy. in March, 1896. and in July,
1895, the land was surveyed. On the
aslh d May, ls49, grant issued for
the same.
On the ssth Of September. 1887,
the defendant Elisha Luna entered
che same land--which was surveyed
-and on the Odd Of November, 1887,
"a grant issued fer the same upon said
entry. The defendant Throop was
in possession Of said land al the CON.
mencement of this suit.
The circuit Judge gave Judgment
on the agreed case in favor Of the de.
PENDANT, and the Plaintiffs appealed to
this court. 1t appears that the Leg
islature has from time to time passed
laws extending the time for making
surveys, and obtaining grants upon
entries previously made; and these
extending laws. had beer uniformly
enactcd before the expiration Of the
previous law until the session of Is4l.
On the Goth Of November. 1897, an
act passed. giving the further time Of
two years from the end of that session
Of the Legislature, TO enterers under
the several acts providing for the
safety Of lands, 10 have the same sur-
veyed, return plats and certificates,
and obtain grants thereon. On the
2ath Of November, 1880, an act was
passed. extending the time OF making
surveys until the LIST of September,
lS4l, and giving further time of two
years from the passage Of the act, to
have such surveys granted. The act
also provides That il such surveys
shall not he made, and grants obtain.
ed thereon, as provided in this act.
such entry, or entries and surveys as
the law may be, shall be null and void
as against subsequent enterers.' On
the 3Oth Of November, lS4l, another
act was passed, giving the further
time Of two years after the passage of
the act, for making surveys, returning
plats and certificates. and obtaining
grants on all entries Heretofore made.
1t appears from this reference to
the acts of assembly on this subject,
that the time limited by the act Of
1889. expired on the 2sth Of Novem.
Der, ls4l-and that the extending act
Of 1s4l. was not passed until the 3Oth
ofNovember. The act of 1880 makes
all entries and surveys void, on which
grants shall not be obtained within
the time therein limited. As against
subsequent enterers, therefore, the
entry and survey Of the plaintiffs
ancestor was void on the 2Sth day Of
November;-and being so void; the
grant to the defendant Luna being
unopposed by any older and better
title, was an appropriation Of the land
and conferred on him good title. 1t
is true. this court has held that al.
though law requiring surveys and
, grants to be obtained within limited
time. may have expired before the
enactments Of another extending law
-still. il is competent for the Legis.