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2 Shan. Cas. 37

Solomon v. Thatcher

Tennessee Supreme Court

Decided May 15, 1876

Tennessee Supreme Court · decided 1876-05-15

<p>DEED. Void lor insufficient description, when.</p> <p>A deed conveying land and calling for the course oí a road hereafter to be laid out, and not made definite by other calls and descriptions, is void for uncertainty. [Eor boundaries and description, sufficient and insufficient, see notes CS-SS under sec. 3142 of the Code.]</p>

Decided 1876-05-15

Lea, Sp. J.,

¶1delivered the opinion of the court:

¶2This is an action of ejectment. The plaintiffs, in support of their action, read a, grant from the State of Tennessee to James White, dated November 15th, 1808; deed from James 'White to John Williams, dated September 3d, 1816; deed from John Williams to Thomas Craighead, dated January 8th, 1818, and a deed from the heirs of Craighead to the plaintiffs. There was judgment for the plaintiffs, and defendant has appealed to this court.

¶3This case must be reversed.

¶4. The deed of Williams to Craighead purports to- convey a piece of land thus described: “Beginning on a stake at a corner made by a line from the lower end of Main street, -and the lower line of the street between Knoxville and Scuffletown, thence the course of a road hereafter to be laid out into said Scuffletown until it strikes Tarrence McCaf-fie’s line, along said McCaffie’s line until it intersects the line of the street dividing Knoxville from Scuffletown, then *38along said line to tbe beginning.” This deed is void for uncertainty, and the court should have so instructed the jury.

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