Tennessee Superior Court for Law and Equity, 1806

Billingsley's Lessee v. Rhea

Tennessee Superior Court for Law and Equity · Decided May 6, 1806 · Overton

1 Tenn. 198

Counsel

DICKINSON, of counsel for the plaintiff, objected to the reading of the grant to Moore, being a perfect nullity, no such person being in existence when it issued; nay, he was dead before the warrant issued; it did not come within the meaning of the Act of October, 1779, c. 4.

Opinion of the Court

Per Curiam.

White J. and Overton, J.

The section alluded to is in these words: "That in case of the death of any person, who heretofore has made an entry of land, or who hereafter shall make an en *199 try pending the same, or before the making out the grant, his or their heirs or assigns shall have a fee simple in the premises, although the grant shall be made in the name of the decedent." It is true, that Isaac Moore, in whose name the entry and grant were made, died long before the making of the entry, and that this case does not come within the letter, but it evidently does within the equity of the act. Qui haeret in litera, haeret in eortice. The grant to Moore is good.

Verdict for defendant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.