Smead v. Doe dem. Williams
Smead v. Doe dem. Williams
Opinion of the Court
By the Court.
delivering the opinion.
In Brinsfield vs. Carter, (2 Kelly, 150,) we held, that the Statute did not run against the State. But it is contended, that inasmuch as the State is not the lessor of the plaintiff, a citizen claiming under the grant from the State, is not entitled to avail himself of the benefit of the decision made in Brinsjield vs. Carter. In that case, the lessor of the plaintiff claimed title under a grant from the State. The principle established in Brinsfield vs. Carter must control this case. The Statute did not run in favor of the defendant in possession of the premises, until the land was granted to the lessor of the plaintiff by the State.
Let the judgment of the Court below be affirmed.
Reference
- Full Case Name
- P. H. Smead and C. A. Savage, tenants, in error v. Doe dem. Williams, administrator, &c.
- Status
- Published