88 Tenn. 132 | Tenn. | 1889
This is an agreed ease, and involves the title to 3,340 acres of land in Blount County, in the Hiwassee District. The decree of the Chancellor was in favor of Henegar, and Matthews & Co. have appealed. There is no question of possession, the controversy being purely one of title.
Henegar’s entry was made April 27, 1830. His grant was issued September 24, 1841.
Matthews & Co. claim ■ under three entries and grants, as follows: Entry May 28, 1839; grant July 8, 1841. Second and third entries February 2, 1839; second and third grants July 8, 1841.
It thus appears that Henegar’s entry is older than any of the entries under which Matthews & Co. claim, but that the grants of Matthews & Co. are older than the Henegar grant. If, however, the entry of Henegar be special, then his grant will relate back to his entry. This presents the first controversy. The entry of Heuegar is for 5,000 acres in Blount County, Hiwassee District, “ beginning at the south-west corner of Lot 21, Second Fractional Township, Range 7, east of the meridian.” Does this call make this a special entry on its face? We are of opinion that it does. By the Act of 1819 the Hiwassee District was laid off into one surveyor’s district; and the Act
A call for a corner of a lot in this survey is such a special call as will make an entry prima facie special, and this character can only be affected by proof that there was in fact no such lot as that called for, or that it could not be found. Berry v. Wagner, 5 Lea, 564.
The entry having been made without any authority of law, no right vested under it at the time, and none arose when the hiatus occurred. It continued' to be what it was at its inception, an unlawful entry and a mere nullity.
The case of Tipton v. Sanders, 2 Head, 691, was subsequent to the cases of Williamson v. Throop and Blevins v. Crew. In that case both the entry and grant to the junior enterer preceded the hiatus;
The decree must be affirmed.