Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-08-10
OFFICIAL.
ODiuiOus of the Supreme Court of the State
Of Tennessee delivered at JackSOns at
April Term, 1885,
Trar.s J. NoLEs, ct al. vs. Jo.EEH wn.or, ct Al.

THOMAS J. NoLEN, ct al. vs.. JOSEPH WILSON, ct al.
This is an action of ejectment Instituted in the
Circuit Court of ObiOn county, by he defendants in
error as Inc heirs At law Of Joseph Kerr to
tract of land Of 1854 acres, situate in that
couuty Verdict and judgment we're rendered in
their favor in that Court; a motion for new trial
was made aud overruled; bill of exceptions filed
aud the defendants below have taxed appeal in
the naure Of a writ of error to this Court, and now
ask for a reversal of said judgment
In order TO establish their title, the plaintiffs be-
low read a grant from the State Of Tennessee TO
Joseph Kerr their ancestor, embracing the land in
dispute bearing date LIST day of May, 1928, founded
upon an entry dated the llth of June, 1921, and
survey Of date the l5th Of November, 1924. The
eutry aud survey were also read The defendants
below read grant from the State OF Tennessee to
Etgard ThuIsby for 1900 acres Of land, bearing
date the 2lst day Of June, 1925, founded upon
entry of date the 25h of May 1921. and survey
of date the 28th day of November. l824-and with
out showing their connection with this grant, or
any tit'e in themselves, place their defence upon
the ground that they have shown title outstanding
in said Thursby superior to that Of the plaintiffs.
The survey of Thursby was read but not his entry;
aud the only evidence we have Of the calls, char
acter Of his entry is the reference to 1t IN the sur
vey and grant The description Of the Thursby
tract Of land as represented By the surveyor in his
Certih of survey and in the grant, accord pre-
/ cisely, and is very special.
They call TO begin ct a hickory marked L c., on
! the East boundary Of George W. L Marrs 800 sur
/ veY-56 poles North from his South-Ea corner;
thence E .st 779 poles to an ash marked | c
/ thence South 3951 poles TO o large sweetgum,
/ marked L c.: thence West 779 poles, to stake;
/ thence North 1851 poles to the beginning.
la like manner, the entry Of Joseph Kerr is spe-
/ cial, and in all respects in compliance with the
! forms Of law 1t was surveyed, and the lines
marked in precise conformity with its calls, and the
/ grant issued with the same calls. The survey and
/ grant call to begin on two small locusts marked y.
/ v, the Sourh I lst corner Of George Marr's
800 acre survey; thence West, with his line 81 poles
1 10 Two sweet gums marked X V the North East
corner Of said Mars q acre survey; thence SOuth
/ 100 poles TO a sweetgUm and walnut, marked K
/ V, the SOUTHEAST Corner Of said survey; thence
West, with said Mars South boundary, 293 poles,
/ TO mulberry marked Y v on the East boundary
Of said Mars 200 acre survey; thence South 28f
poles TO q small bozelder with black oak walnut
aud sweetgum pointers, the South East corner of
said 200 a5re survey; thence West $40 poles to an
( ash and elm marked Y Y the South West corner
Of said survey on the fork Of the Mississipp river;
thence South 2S0l poles TO sweet gum marked !
. c cottonwood and blackberry; thence East ia
poles to a stake; thence North 57O4 poles, TO the
beginning.
/ In the calls Of the survey and grant OF Thursby,
! there is no conflict with KerTs entry, survey, or
| grant, They stand in perfect harmony with each
other and without more, the lille Of the defendants
in error to the land in dispute would evidently be
superior to that Of the plaintiffs because their pa