Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-06-18
OFFICIAL.
Opinions of the Supreme Court 81 the State
of Tennessee, delivered at Jackson, al
April Term, 1852.
E. Z. Meriwetl,sr. ssai, r.. 'amc,

E. Z. Meriwetl.r etai, .- james walk, ei al.
This was act-i. o. -, tagh; -fitD, % i1 rit
Circuit Court Of Cb-.r ea4. T. /. year 100 o.
The defendants in it--ir SO rtsoee. Il the Nd
and heirs Of Riehsla T. Ni..fNrJhcr tract
and in said cOUs =.
Verdict aud dgeL NJ r,r1s'cd FIR O.
plaintiffs below o. he l 81 Jfsl.se deelsra
uoI-except sevCriy three acres, a part Of the
raet-as TO which the judgement was for the de-
PENDANTS "a motion fer q trial vas moved by
the widow and heirs Of Richard T. MeriWether,
ard Overruled-a bill Of exceptions fled, and they
nave appealed in error TO this court, and Low ask
for a reversal Of the judgement.
The plaintiffs below claim under a grant from the
State of Tennessee TO McLemore and Vaulx, for $40
scres Of land, aud have the older entry survey and
grant The defendants claim 10 derive title under
/ grant from the State Of Tennessee to Wheaton
rsdale for 1000 acres Of laud founded on an entry
N their name, dated the 18th Of May, 1921 and
Doth Of these entries bear the tate, and are
remarkably special
The McLemore Yaulx Ent cells &. ~g'r on
the bank Of the Mississippi riy,r ne D., is. %
corner of C H. P. Marr's 90 ARE -u.vey ruu-Ii
East with his line to his Norhsa-r Ourn5r; theuU
Sou,h with his east boundary so poi. th,nre eas
800 polls; thence North, &C. for COMP ae..'
bounding on said rivers the West
The Wheeon Tisdale Entry calls to BE- sin o.
be fork Of the Mississippi river, at the upper COZ
ner Of W. L Mars $50 acre survey, and th'
L
Cast o the Southeast corner ofC Marr's SAID
survey thence North with his lice 10 McLcmore d
VaulX's South West corner Of their $40 acre entry
thence East to their South East corner; thence
North to the South boundary Of McLemote & Hop
kins' ll46 acre entry thence East to their South
East corner; thence North with their line TO J.
Currin & Co.'S SOUTHWEST corner; thence East with
their line, &c, for complement to join Edward
Thursby 3 North boundary.
The certificates Of survey upon these two Entries
aud the grants in precise conformity with their
calls and upon the face Of the papers there is no
conflict and it is most palpable that none was in
ended or supposed to exist; and that if'he surveys
lsd bten made in accordance with the calls Of the
Entries, none would have existed.
But notWii outstanding this is so-it is commended
y the defendants in error that the surveyorin fact
when be came TO survey the McLemore Yaulx
Enlry-iustead Of beginning at the Northwest
corner Of the II. Marr's so acre Entry began
at its Southwest corner and run East and South so
to include part Of the Wheaton Tisdale Entry;
md they claim that they are entitled to recover
according to the actual survey under the McLemore
Vaux Entry, and there is great reason TO believe
from the proof in the recCrl, that the survey was
made as they contend; and not only so. but that
he Wheaton Tisdale and Thursby Entries, and
perhaps others adjoining we're, also, actually sur
veyed out Of their places
On the other hand, the plaintiffs in error, while
hey deny the authority Of the surveyor, thus to
depart from the cells of the Entry and in fact that
ne did so, Isist hat they are protected by the
statute o. umita of this State.
Richard I. MeriWeiher at a very early day BEGAN Q
he owner Of the G. W. L Mari $50 acre survey
and while the proof shows that he knew how these
surveys had in fac been made, and how the lines
,ad been run and maIked-yet he furtl sr believed
hey were founded in mistake, and that the owners
would be obliged to take posse. sion and hold in
conformity to their entries, certificates q survey
and grants. That, actiog upon this assumption
and with view 10 q purchase Of part Of the
wheaton & Tisdale grant, be, prior to the year
S36, had a line run and marked from the pOine hf
ty-3ix poles north Of h SOU east corner Of the
arr 800 acre survey; east to the lake for the
SUIT bosndary of tie Wheaton Tisdale grant an
Tue north boundary Of the Thursby graut-this be-
ing the dividing line between these two grants &C
.ording to the lace Of the papers. That on the
25th Of May, 1886, be purchased Of Searcy D
sharp, who derived title from John Wheaton
Of the original grantees part Of the Wheaton,
& Tisdae tract at thu price OF S3,l70, and took
his deed in fee simple therefor. In this deed, the
part so purchased /, described as follows:
"One certain tract, piece or parcel Of land con
tanning GO q acres situate, lying and being in the
State Of Tennessee, and county Of ObiOn, in the
18th Surveyors District, range and section 3, IN
the Mississippi bottom and near the Mississippi
river, being 6343 off the west end, and part Of the
tract Of land granted by the State Of Tennessee to
Tisdale's heirs, and Wheaton by giant No "a, 89l,
which aid 6342 acres is the lot apart by order
of the Supreme Court, at Nashville to John L.
Wheaton out Of said grant, aud by him conveyed to
the said Searcy D Sharp, and is bounded as fol-
lows, to wit: On he west by Richard 7. MeriWeth-
er's 800 acre tract; on the north by MeLemore &
Vaulx's $40 acre survey; on the east By lot set
apart 10 Tisdales heirs; aud on the south BY Ed
yard Thurshy's / 900 acre survey"
The record shows that in the ear 1884 the Whea-
ton Tisdale grant had, by decree Of The Supreme
Court at Nashville, been lartiuoned between the
owners, and that the $3.50 acres had been laid 90
the west end of the grant. This partition appesrs
to have gone in conformity with what is claimed By
the defendants in error TO have been the actual sur
vey of the grant as originally made Richard 7.
Meriweher, disregarding the lines Of the survey OF
the McLemore & Naulx entry as claimed to have
been made BY the defendants IN trror, claimed that
under his purchase from Sharp he was entitled to
his land in accordance with the boundaries asshoWn
upon the face Of the entries certificates Of survey,
and grants, ami accordingly, Immediately upon his
purchase took possession Of the 6344 acres, fencing
and enclosing part OF it, within the limits Of the
land in dispute aud within the MeLemore Vaulx
survey as claimed by the defendants in error and
took and cut cord WOgd along the whole north ana
east line Of the Wheaton Tsdsle grant, as claimed
nv him 50 far as the G34& acres extended. That on
he 18th of August 1886, in order more clearly 70
ds6ne The boundaries Of his land, he caused ". u
watson, q Deputy Surveyor, TO run Oh and marx
bis lines The said Watson's certificate Of survey
is as follows:
have surveyed fox Richard 7. MsEiEslh,r, six