McEwen v. Thomas Coal & Land Co.

125 Tenn. 694
CourtTennessee Supreme Court
DecidedDecember 15, 1911
StatusPublished
Cited by6 cases

This text of 125 Tenn. 694 (McEwen v. Thomas Coal & Land Co.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McEwen v. Thomas Coal & Land Co., 125 Tenn. 694 (Tenn. 1911).

Opinion

Mr. Justice Lansden

delivered the opinion of the Court.

This is an action of ejectment, involving four separate tracts of land. The complainant has the oldest entry and the youngest grant. The defendants introduce the oldest-grants, to which they claim title. The complainant claims title to grant No. 7890, based upon. [698]*698entry No. 4219, grant No. 7879, based npon entry No, 4265; grant No. 7892, based npon entry No. 4271, and grant No. 7891, based npon entry No. 4295, all issued by the State of Tennessee to Joseph H. McEwen. The complainant has established a proper deraigmnent of title to each of .the foregoing grants. The grants- relied upon by the defendants, and to which they have de-raigned title, are Nos. 5987, 5993, 5986, 5090, 5099, and 5159, all issued to Samuel R. Barrel prior to the date of the grant under which complainant claims. The defendants have also introduced grants Nos. 5514, 5520, 6833, 6836, and 6837, issued to Francis A. Dickens, and grants Nos. 5237, 5311, and 5396, issued to Stephen Haight, for the purpose of showing the title outstanding against comlainant. The entries upon which the complainant’s grants are based are part of a checkerboard system of entries and grants. The initial entry of the system is as follows:

“No. 4042. Peter Yates enters 5,000 acres of land in Warren county, Tennessee, on Cumberland Mountain, on the headwaters of Collins river. Beginning on a black oak standing on the bluff of the. right-hand fork of Collins river; thence meandering said bluff east-wardly, crossing Little Laurel; thence northwardly; thence westwardly; thence southwardly to the beginning, plotting out all prior claims.
“October 10,1835.
“Peter Yates, Locator.” .

This entry was surveyed October 19,1836, but no grant ever issued upon it. The survey was in neither an oblong [699]*699nor a square to the cardinal points of the compass, but ran with the meanders of the “left bluff of the left-hand fork of Collins river” 120 poles, thence due east 180 poles, and thence northeast 484 poles to a hickory forming the southeast corner of the entry. Upon this last leg of the description, Little Laurel was crossed, but not at a point where it flows over the bluff of Collins river. Exhibit No. 1 to the deposition of M. E. Deakins is ,a map showing the location of the lands in controversy, and estimating upon this map, in connection with the original survey, the Little Laurel does not flow over the bluff of Collins river for about 400 poles south of the southern line of entry No. 4042 as originally surveyed.

The next entry in the checkerboard system necessary to be noticed is entry No. 4216 in the name of Elias Mayo as follows:

“Entry No. 4216. Elias Mayo enters 5,000 acres of land in Warren county on the waters of Collins river, to begin near the southwest corner of a 5,000-acre tract of land entered in the name af Peter Yates, bearing date 10th of October, 1835, and to run south and east, counting out all older claims until the quantity is made.
“May 16, 1836.
“John Stump, Locator.”

This entry was never surveyed, but was re-entered under No. 4267 and surveyed September 6, 1836. The next entry on the checkerboard is entry No. 4217 and is as follows:

“Entry No. 4217. Jesse J. Everitt enters 5,000 acres of land in Warren county on the waters of Collins river, [700]*700beginning- at the west corner of an entry made in the office this day in the name of Elias Mayo and to ran south and east, counting out all older claims.
“May 16, 1836.
“John Stump, Locator.”

This entry was surveyed September 6, 1836. The next entry is No. 4219, as follows:

“Entry No. 4219- Samuel Edmonson enters 5,00.0 acres of land in Warren county on the Avaters of Collins river, to begin on the southeast corner of a tract of land this day entered in the name of Jesse J. Everitt of 5,000 acres of land, and to run east and south, counting out all older claims.
“May 16, 1836.
“John Stump, Locator.”

The next entry is No. 4265, surveyed August 31, 1836, and is as follows:

“Entry No. 4265. Joseph McEAven enters 5,000 acres in Warren county, Tennessee, on the headAvaters of Collins river, to begin at the southwest corner of a tract of land entered in this office in the name of Samuel Edmonson, and to run south and east, counting out older and legal claims until the quantity is made.
“August 20, 1836.
“Joseph McEwen, Locator.”

The next entry is No. 4271, surveyed September 6, 1836, and is as follows:

“Entry No. 4271. Church Lanier enters 5,000 acres of land in Warren county, Tennessee, on the headAvaters of Collins river, beginning at the southwest corner of a [701]*7015,000-acre survey in the name of Samuel Edmonson, to run west and south for complements, counting out all older claims until the quantity is made.
“September 5, 1836.
“Joseph McEwen, Locator.”

The next entry is No. 4269, surveyed September 6, 1836, and is as follows:

“Entry No. 4269. Greenwood Payne enters 5,000 acres of land in Warren county, Tennessee, on the waters of Oollins river, beginning at a double white oak, the northwest corner of George Cagle’s 5,000-acre survey, running north and .east, counting out all older claims until the quantity is made.
“Joseph McEwen, Locator.”

Entry No. 4268, surveyed September 6, 1836, is as follows:

“Entry No. 4268. George Cagle enters 5,000 acres of land in Warren county, Tennessee, on the waters of Collins river, beginning at a black gum, the southwest corner of Church Lanier 5,000-acre tract, and running west and north, excluding all prior claims.
“September 1, 1838.
“Joseph McEwen, Locator.”

■ The propositions relied upon by complainant’s counsel to establish the specialty of the older entries so as to enable the younger grants to overreach the older grants shown in evidence are:' (1) That they form a part of a checkerboard system of entries running back to an initial special entry; (2) that each calls to begin upon a corner of a well-known tract of land; (3) that the four [702]*702entries npon which, the complainant’s grants are based were located by the same person who located the entries npon. which the Barrell grants are based, and that this locator, .in making the entries for the Barrell grants, had knowledge of the location of the previous entries he had made for the McEwen grants, and, as he was the agent of Barrell in this matter, his knowledge would be imputed by the law to Barrell and all subsequent grantees in the Barrell chain of title, thereby making the McEwen entries special as to them.

1.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dearing v. N., C. & St. L. Ry.
48 S.W.2d 827 (Tennessee Supreme Court, 1932)
Rounds v. Grandview Coal & Timber Co.
12 Tenn. App. 210 (Court of Appeals of Tennessee, 1930)
Richardson v. Schwoon
3 Tenn. App. 512 (Court of Appeals of Tennessee, 1925)
Southern Coal & Iron Co. v. Schwoon
145 Tenn. 191 (Tennessee Supreme Court, 1921)
Wood v. Sewanee Coal, Coke & Land Co.
127 Tenn. 36 (Tennessee Supreme Court, 1912)

Cite This Page — Counsel Stack

Bluebook (online)
125 Tenn. 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcewen-v-thomas-coal-land-co-tenn-1911.