Ballard v. Nelson
Ballard v. Nelson
Opinion of the Court
delivered the opinion of the Court.
The only question to be determined arises upon the validity of the respective titles of .the parties to the land, upon which the trespass is alleged to have been committed. The plaintiffs below claim title by immediate conveyances from John Stinter, who entered the land on the 21st of December, 1824, had it surveyed ,on the 28th of April, 1832, and obtained his grant on the 30th of March, 1835. The defendant below claims title by virtue of' an entry dated April 22d, 1831, surveyed the 25th of the same month, and granted the 9th of December, 1831. Both entries being’ special, and the plaintiffs below having the elder . entry, though the younger grant, it is not controverted here but that the grant will relate back to the inchoate right acquired by the 'entry, and give the grantee the better title, all other questions aside; but it is insisted, in argument for the defendant below, that at the time he made his entry, the entry of the plaintiffs, was void, or afterwards became so, by the enterer having failed to make his survey, and obtain his grant, within the time limited by law, and, therefore, his is the only valid entry and grant. Upon this question depends the rights of these parties. By the 11th section of the act of 1824, ch. 22, it is provided that “any person or persons, who have made, or hereafter shall make, an entry or entries by virtue of an act to which this is a supplement, shall cause the
If there were no further legislation on this subject, this act would be conclusive of this question; but on the 24th of November, 1825, the Legislature passed an act giving “the further time of two years,” to make surveys and obtain grants on entries. previously made. And on the 13th of October, 1827, “ the further time of two years was given;” on the 8th of October, 1829, “the further time” of two years was allowed; and on the 10th of October, 1831, the time was again extended to two additional years; on the 8th of October, 1833, another extension of two years was given; and in October, 1835, the time' was again extended for two years, in' language substantially the same, as that employed in the act of 1827, and the subsequent acts. Upon this state of the law, the argument for the defendant below is, that the “further time of two years,” allowed by the act of the 8th of October, 1829, expired on the 8th of October, 1831, and the extending act of 1831, did not pass until the 10th of October, 1831, thus leaving a space of two days, from the 8th to the 10th of October, 1831, that was not embraced in the time allowed for obtaining grants, and by the provision of the 11th section of the act of 1824, ch. 22, above recited, the entry under which the plaintiffs below claim, was inoperative and void, and that his entry, which was made on the 22d of April, 1831, took effect, and vested in him an inchoate right to the land in controversy, and
But before that day, on the 8th of October, 1829, the Legislature granted a “further time” of two years: this would extend, not as the argument assumes, to the 8th of October, 1831, but to the 21si of December, 1831, still relating back in the language of the statute, to the date of the entry. Then the subsequent acts of the 10th of October, 1831, of the 8th of October 1833, and
Reference
- Full Case Name
- John Ballard v. Sarah A. Nelson
- Status
- Published