Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-10-06

suesrs ". walker,
grt;s -, -, sefion of ejecimeDt by walker, in 1
vbicb he obtained verdict and Judgment The 4
motion If Spears for new trial being oVerEuled, he
49, ~. bill Of exceptions and has brought the case
- fbis court by an appeal in the nature Of writ of
error IN order to make cut his title, Walker resort
al to the following proof He resda grant from tFe
State Of Tennessee to Jesse Spears the defeadRut
below, for so acres Of land, dated in 1921 deed
from Lewis lawson 70 Peter Smith, dated the 18th Of
February, 1887, and deed from Smith TO himself.
dated the lEt Of June, les7. This grant and these
deeds embraced the lands in dispute which is that
part Of the grant 10 Spears which lies East Of The
read leading from Rogersviie to GreenVilie. He
also read grant from the State to Jacob Lawson,
dated in 1924 deed from Lazarus Lawson to
Lewis Lawson, dated in 1882. and grant from the
State Of North Carolina to John Payne, dated in
1913 Bat these last named papers, though they
adjoined the land IN dispute, seem not to have ems
bFsoed it. Walker then made proof tending 70 show
that Jacob Lawson and his family and Smith and
himself who claimed under them, had held the land
in dispute for more than twenty years, under claim
Of ownership. It does not distinctly appear in this
record in what way Jacob Lawson parted with what
ever interest ha may have had il this land. BE is
not shown to be dead, or that Russell Lawson and
Lewis LaWson-who are his ehildrsn-are has heirs,
but it seems be taken for granted on he trial be-
Low, that the deed from Lewis Lawson to Peter
Smith conveyed the title Of the lawson family
There seems 90 have been at a very early day some
oontraetin writing between Jacob Lawson and Spears
70 the effect that the road shall be the dividing line
between them, but the exact nature of this engage
ment does not very clearly appear IS Spears re pos
sessed himself Of the instrument and it is not in the
record He, to be sure, makes proof that this con-
tract was resoinded in 1927. But itis clear hat
Jacob Lawson and his family, and Smith and afker
after their parehases-from the year fo30AalEays
claimed the road the true boundary, and this was
conceded BY Spears until about the time this suit
was commenced in 1852. Il does not appear whether
the grant to Spears had ever actually been surveyed
and marked In this state Of uncertainty as to the
true boundary. Walker made proof that when Lewis
Lawson and Peter Smith we're having the land sur
veyed in 1887. with yieF to complete the purchase
made by Smith Of Lawson. Spears cane in the
evening to where they we're surveying the disputed
land, running the line along eToad and ae said let
the road be the lane. Spears knew at this time that
Peter Smith had purchased the land 10 The road and
that the ject Of the survey was to enable the par
ties to carry out Smith purchase. This 40 did and
said in the presenos Of Smith and bsWsen. The
road was accordingly, in the survey, fixed IS the
boundary, ana Smrh took his deed and paid for the
land believing that he getting valid titleto The
road for the land in dispute. 1t is Rpparentthat he
was induced to do Lisnot only by the acts and decla
raions Of Lawson, but also by the acts and declara
tions Of Spears And Walker, in purchasing Of
Smith, acted upon the same belief as 10 the bouBda-
y. Now we hold that the Circuit Judge acted very
properly il receiving this evidence and iRstTueng
the jury, he did that Spears was estOpped 10 de
ny Walkers title to this land and that tx road was
IS between them, the true boundary. This matter
of estoPpel might very well be enforced In court
Of Law MeyTlWealhsT ct. al VS.. LarR0n ct 81 8
SReed A BaTkaa vs. Tur6eUile ct el- ! Scan 437.
Objection in this case has been made to the verdict
Of the jury because OF It's alleged uncertainty But
We deem it entirely sufficient and valid under the
rule laid down by this Court in LoGrd ct 81 vs.
Philips ct. al 4 Sased 500 Affirm the Jug
meut. ----- $50 WRiaHn.
Test: C. W Nelson, C7s5E