Ejectment by the Tellico Manufacturing Company against G. W. Williams and others. From a decree dismissing the bill, complainant appeals. Affirmed.
Certified copy of decree:
"Be it remembered that on this the 7th day of December, A. D. 1885, the same being the first Monday of said month, and the time fixed by law for holding the chancery court at Madisonville, there was opened and held a term of said court at the court house in Madisonville, Monroe county, Tenn., Hon. W. M. Bradford, chancellor of the Third chancery division of Tennessee present and presiding, when the following proceedings were had and entered of record, to wit:
"West Providence Land Co. vs. Tellico Manufacturing Co. Be it remembered that this cause came on for final hearing before Chancellor Bradford on this the 7th day of December, 1885, on the compromise agreement made and entered into between the parties on the 7th day of September, 1885, the execution of which is admitted and acknowledged in open court, and which is in the words and figures following, to wit:
"`The Tellico Manufacturing Co. releases and conveys unto the West Providence Land Co. all its right, title, claim, interest, and property in and to the following described land, to wit: (1) All the land lying within the boundary of grant No. 2,821, issued by the state of Tennessee to John C. McLemore, John Lyon, and Mathew Hale McAllister, for 5,000 acres of land, beginning at the northeast corner of the Katy Harland reservation, and thence with the boundary so described in said grant. (2) Also all the land within the boundaries of grant No. 2,823, issued by the state of Tennessee to John C. McLemore, John Lyon, and Mathew Hale McAllister for 5,000 acres of land, beginning at the southeast corner of grant No. 2,833, which is 1,000
poles east of the Tellico Iron Works tract of 149 acres, and thence according to the boundaries described in said grant No. 2,823. (3) Also all the land within the boundaries of grant No. 2,827, issued by the state of Tennessee to John C. McLemore, John Lyon, and Mathew Hale McAllister, lying east of and adjoining the lands embraced in said grant No. 2,823. (4) Also all the land included within the boundaries of grant No. 2,814, issued January 24, 1835, by Wm. Carroll, governor of the state of Tennessee, to John Lyon, for 5,000 acres of land, which land was by him, said John Lyon, conveyed to Richard J. Arnold by deed of April 18, 1837, which is registered in the office of the register of deeds of Monroe county, Tennessee, in Book J, at pages 221-227, inclusive, which is here referred to. (5) Also all the land mentioned and described in grants Nos. 2,822, 2,820, and 2,815, lying west of the following boundary, to wit: Beginning at the west bank of the Tellico river, at the point where the north line of said grant No. 2,820 crosses said river; thence up the said river to the line dividing the lands of the late Wm. P. H. McDermott from the lands of the Tellico Manufacturing Co.; thence west-wardly with said line to the Austin Rider reservation, not Hunt's line; thence along Hunt's line (being the line dividing the Tellico Manufacturing Company's land from said Hunt's) southerly and westerly to the northeast corner of the school land section 29; thence southerly and westerly along the line of the Tellico Manufacturing Company and John Bay to the west line of section 29; thence southerly to the southwest corner of section 29; thence west 40 chains; thence north 40 chains; thence west to the township line; thence southerly with said township line to the line of the Hiwassee and Ocoee districts; thence westerly and southwesterly with said boundary line to the west line of grant No. 2,815. And the Tellico Manufacturing Co. hereby agrees to forever warrant and defend the title to said lands unto the said West Providence Land Company, its successors and assigns, against the lawful claims of any and all persons by, through, or under the Tellico Manufacturing Company. And the said West Providence Land Company hereby releases and conveys unto the Tellico Manufacturing Company all its right, title, claim, interest, and property in and to the following described lands, to wit: First. All the rest and residue of the lands mentioned and described in said grants Nos. 2,822, 2,820, 2,815, to wit, all the land lying within said grants, and east of the boundary line hereinbefore described. Second. Also all the land embraced within the boundaries of grant No. 2,835, issued by the state of Tennessee to John C. McLemore, John Lyon, and Mathew Hale McAllister, March 21, 1835, beginning at the northwest corner of the iron works tract, and thence with the boundaries described in said grant No. 2,835. Third. Also all the land embraced within the boundaries of grant No. 2,854, issued by the state of Tennessee to John C. McLemore, John Lyon, and Mathew Hale McAllister, June 2, 1835, beginning at the northwest corner of the iron works tract, and thence with the boundaries described in said grant No. 2,854. Fourth. Also all the land embraced within the boundaries of grant No. 2,813, issued by the state of Tennessee to John Lyon, June 14, 1835, beginning at a stake on the south boundary of the iron works tract, and thence with the boundaries described in said grant No. 2,813. And the said West Providence Land Company agrees to forever warrant and defend the title to said lands unto the said Tellico Manufacturing Company, its successors and assigns, against the lawful claims of all persons by, through, or under the said West Providence Land Company. All the lands hereinbefore described lie in Monroe county, Tennessee, and on the waters of Tellico river. A final decree shall be entered in this cause at the December term, 1885, of the chancery court at Madisonville, Tennessee, in accordance with the terms of this agreement, making the same the decree of the court, and making the decree a muniment of title to the parties thereto, devesting and vesting title as hereinbefore indicated and agreed; and the complainant will pay all costs not heretofore adjudged. This September 7, 1885. The West Providence Land Company, by R. Pritchard, Atty. Tellico Manufacturing Co., by R. L. Bright, President. T. E. H. McCroskey, Atty. for Tellico Manufacturing Company.'
"It is therefore ordered, adjudged, and decreed by the court that said compromise agreement be, and the same is hereby, made in all things the decree of the court; and that the title to said lands be devested out of, and vested in, the parties, respectively, according to the terms and provisions of said agreement; and it is further ordered that the clerk and master shall issue to either party a certified copy of this decree for registration as a muniment of title, upon payment of the legal fees therefor. It is also ordered, adjudged, and decreed by the court that the complainant and its sureties on its prosecution bond pay all the costs of this cause not heretofore adjudged, for which execution may issue."
Indorsed: "West Providence Land Company vs. Tellico Manufacturing Company. Decree Final. We hereby agree that this may be entered as the final decree in the above cause, including the compromise agreement attached. September 7, 1885. Tellico Manufacturing Company, by R. L. Bright, President. The West Providence Land Company, by Robt. Pritchard, Atty. Filed September 8, 1885. Jo E. Houston, Clerk & Master."
The following is the map referred to in the opinion:
NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE
McCroskey & McCroskey, for appellant. Pritchard & Sizier, for appellees.
BARTON, J. (after stating the facts).
This is an ejectment suit. The land in litigation is shown by the map annexed to the record, marked Exhibit A to the deposition of W. D. Hale, which map we adopt, and make a part of this opinion and finding of fact. The land claimed by the complainant is shown on the map by boundaries marked in green;1 that claimed by the defendant, so far as there is a conflict, in yellow.2 The complainant claims and deraigns title as follows: (1) Under an entry made by Samuel M. Johnson, dated April 26, 1830, a duly-certified copy of which is filed. (2) A certificate of survey dated March 26, 1832, a duly-certified copy of which is filed. (3) Under a grant from the state founded on this entry and this survey to John Lyon. This grant was for 5,000 acres, was numbered 2,813, founded on entry No. 3,917 to Samuel M. Johnson, and was dated January 24, 1835, and described according to the evidence, and covers the land covered by the Lyon survey, marked in green, shown on the plat. This grant was not produced, and in fact could not be, as the original was lost, and the official records have been destroyed by fire. There was, however, an agreement filed with the record showing that the land had been granted by the state to John Lyon, the date of the grant, the land described and covered by it, and that it was founded on entry No. 3,917. (4) A deed from John Lyon to R. J. Arnold, a duly-certified copy of which was filed. This deed covers the land in litigation, and is dated May 19, 1836, was duly probated, and was registered April 13, 1837. (5) The will of R. J. Arnold, of Rhode Island, which was probated on April 15, 1873. (6) A deed from the heirs and devisees of R. J. Arnold to the West Providence Land Company, dated April 26, 1884, duly acknowledged and probated on December 22, 1884, in the register's office of Monroe county. (7) A compromise decree between the West Providence Land Company and the Tellico Manufacturing Company, in which the lands covered by the grant to John Lyon, No. 2,813, were assigned and decreed to the Tellico Manufacturing Company.
It will thus be seen that the complainant's deraignment of title from the state to...
