22 Tenn. 447 | Tenn. | 1842
delivered the opinion of the court.
The plaintiff claimed under a Kentucky grant since the treaty of boundary between that State and Tennessee, the land lying south of the parallel of latitude 30°, 30', and north of Walker’s line.
The defendant claims under a grant from the State of North Carolina dated, 1795. At the trial, plaintiff relied upon two
Under these circumstances the court charged, that the accidental and unintended enclosure of a small part of the land for seven years, would not vest a valid title in the owner of the inferior grant, so as to enable him to recover against those claiming under the superior grant. In this we think there was no error; and we affirm the judgment.