Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-10-14
RUPREME COURT OPINION.
NASHVILLE, TENNESSEE, DECEMBER TERa, Is
JonN n rnoMAs Er al. .. W. D rANKERsLEy

HouAs eoIpNrII, ArronNrr GENERAL RrroRrrR,
JOHN "a. THOMAS ET AL. rs. W. b. TANKERsLEy.
This was an action Of ccctont which was tried at the
March term 1851 before the Hon. William Fitzgerald
There was a verdict for the defendant, and upon
ton for trial being overued the plaintiff appealed
In TO this court.
The plaintiffs Who except James Little arc heirs at law
and Of hin Of james H. Martini deceased, brought
their action Of eooimou in the Circuit Court Of Hum
phros county the 2oh day 81 March, 1862 20
from the defendant l5o Of land by the
tries and grants relied upon respectively by the plain
tits and The defendant.
At the July term, 1850, after the issue made up,
there an order for survey of the premises and
order that the plaintiffs he allowed join In demise
and Gle The same" in their jointly with Isaac
Little. This done and issue made upon the &c
mise amended declaration. The plaintiffs read and
relied upon grant from the Sste, issued the 25h Of
November, 1871, to James II. Martin and Isaac Little
and entry dated 0siober is 1881 IN the name Of said
Martin, and survey for said Martin dated November
27th 1855, and said Martins transfer 70 said Little Of
tho plat and certificate in which latter said Martin d
rected the grant 10 issue in the jointly Of said
Martin and Little, which entry, survey and grant was
for 5000 acres aud cyered the acres in controversy
The plaintiff also introduced the dispositions Of Eliza
beth Box and Martha Powers showing that the plain
t except Isaac Little, the heirs at law Of James
II. Martin the ages Of some Of the plaintiffs, etc.
The deposition Of Martha Powers also shows that
Richard Powers built house the land in controvLr
sy, and moved into It and took possession under John
Lane, about the last Of May fret Of june 1855. The
part Of the land covered by the grant Of the plaintiffs
The defendant then read grant from the State 70
john Lane FOR the $50 acres dated the 18th day Of May
1851 purportng to b. based entry made the 5th
day Of March, 1885, aud survey ds.os the 9h Of Fob
Tuary, 1881.
The court instructed The jury al follows That the
Younger entry and older survey AID grant would
me e1er entry and younger survey and grant Of the
Pahuhs aud that upon the face of the title papers be-
loo me jury the court Of the opinion that The de-
ieh@ant had the superior e ami that The jury ought to
ma ior the defendant There was verdict for the de
lehsanb motion Tor trial oyerrued, and an sp-
peal IN error TO this court. ID
We think the charge Of his honor Is erroneous The
rule has been long and well settled in this state that
ne elder legal entry and young grant is the superior IL
ne % the older grant and younger entry Anderson vs.
Hump sol. - y
There Is nothing in he question of--suegssted in
le aFgenent In sneed 2l7 Il was held that the acts
OF me Legislature extending tho time 10 obtain eerti6
GATES q survey and grants north ana ems, ~ The Con-
greslonA reservation lnc and north Of the Tennessee
river, was perfect chain OF acts over tanning eae ohr
up % inc act Of the "a Of October 1885 which
the iufter ne OF ten years for obtaining grants and
Of October 1885, until the rise Of The Ceners Gsse
selnbv Of ssIs, Tor making surveys and returning la
Of All entries made under act Of iS23 chapcr al an,
the acs subsequent thereto. The act Of 1875 evtspa
ing The time for obtain ng grants for years from ~
cld Of that ser 0n vas passed November 30 1887 am
GA the 2sth Of November, $50, act was passed ex
ieT3inR tbs tiEe "a obtaining grants entries mad
before hat time
rho grant relied BY the plaintiffs issued on the 25G
II November SAL three days before the time given
tie act Of November Is, 1893, expired
The Judgment Of The court below i reversed and n
cause reHanded HARRISON Judge.
Attest. j. G. FRAzgR, Clerk.