Brown v. M'Can
Brown v. M'Can
Opinion of the Court
The bill states, that John Brown, on the 29th day of October, in the year of our Lord 1783, made an entry for 2,000 acres of land, lying on Knob Creek, waters of Duck River, Maury County ; and that in pursuance thereof a grant issued to him, the said John Brown, in the year 1808, covering the land so entered. The bill further states, that the defendants, or those under whom they claim, entered the same land that was covered by said Brown’s entry, but by entry subsequent to Brown’s entry, and of a younger date; that the defendants have gotten grants upon their entries, which are older than the grant to Brown. The bill states a regular title from Brown, the grantee, to the complainants, which is not controverted by the answer. The defendants are in possession, having regular titles from their patentees, which also is not controverted. The plaintiff’s equity is that he has the older entry; that it is special, designating the particular spot so entered ; that all subsequent enterers, by reasonable examination, might have known that the same was appropriated; that the defendants, having this knowledge, ought not to have proceeded to acquire a legal title thereto ; that their having done so, under these circumstances, entitles them to the equity of having the legal estate to the land declared in them by decree of this court, and possession to be delivered up, &c. The equity in this case depends upon the following entries: “ John Brown, on the 29th of October, 1788, enters 2,000 acres on the waters of Buck River, adjoining the entry made by Charles Dixon, for the legatees of Henry Dixon, deceased, up the creek above said entry R Dixon’s entry referred to * is in the following words : “ Charles Dixon, for the legatees of Henry Dixon, deceased, 28th October, 1783, enters 1,500 acres, lying on the north side of Duck River, on a large creek running into the same, a small distance from General Green’s northeast corner; beginning on the creek joining C. Porter, and running with his line and up the creek on both sides for quantity.” Porter’s entry above referred to is as follows: “ Charles Porter, 26th October, 1788, enters 6,000 acres, lying on the north side of Duck River, beginning at the mouth
The next question is, whether Dixon’s entry is special; and has it been surveyed according the entry ? The proof on this part of the case shows that a large creek, now called Rutherford’s Greek, but in the year 1783, about the time of Dixon’s entry and some time afterwards, was called Caney Fork of Duck River, and runs into Duck River, on the north side, about 180 poles east of Porter’s east boundary, distant from General Green’s northeast corner, in a straight line, 428 poles. It was further proved that General Green’s northeast corner was distant from the mouth of Knob Creek, 805 poles; that Knob Creek at its mouth was about 25 feet wide, and Rutherford’s Creek 75 feet at its mouth. Some testimony was given to show that Knob Creek in early times, when this entry was made, was called a large creek; and one entry was produced, calling it Big Creek. At present, however, it appears to be of size far inferior to the greater number of creeks on Duck River, within
Decree for the complainants.
After the decree was settled and entered, the counsel for the defendants presented a petition for a rehearing, -which is depending undetermined.
See Winchester v. Gleaves, 3 Hay. 212, and note sub fin
Reference
- Full Case Name
- Brown and Others v. M'Can and Others
- Status
- Published