14 S.W. 554 (Tenn. 1889), Henegar v. Matthews

Citation:14 S.W. 554, 88 Tenn. 132
Opinion Judge:LURTON, J.
Party Name:HENEGAR v. MATTHEWS et al.
Attorney:C. T. Cates, Sr., and Scott & Welcker, for appellants. Webb & McClung, for appellee.
Case Date:October 26, 1889
Court:Supreme Court of Tennessee
 
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Page 554

14 S.W. 554 (Tenn. 1889)

88 Tenn. 132

HENEGAR

v.

MATTHEWS et al.

Supreme Court of Tennessee.

October 26, 1889

Appeal from chancery court, Knox county; H. R. GIBSON, Chancellor.

C. T. Cates, Sr., and Scott & Welcker, for appellants.

Webb & McClung, for appellee.

Page 555

LURTON, J.

This is an agreed case, 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 Henegar 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 provided for the appointment of a surveyor general for that district, and required him to lay off the district into ranges, townships, fractional townships, sections, and quarter sections. The surveyor was required to establish a basis meridian, extending due south from the mouth of Clinch river to the Hiwassee, and the district on the east and west sides of this meridian line was required to be run out in ranges of six miles in width. The act further provided that "the fractional parts of townships, whether at the north or south end of ranges, or elsewhere, shall be divided and numbered, as is hereinbefore directed in regard to entire townships, into quarter sections; and, should there remain fractions of quarters, the amounts contained in them shall be ascertained, and noted in the surveyor's field-books." The call in this entry is unquestionably for one of these fractions of a...

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