Ross v. M'Lung

ERROR to the circuit court of the United States for the district of East Tennessee.

This was an action of ejectment instituted in the circuit court by the plaintiff in error, for the recovery of five thousand acres of land, situate in the district of East Tennessee.

On the trial of the cause, the plaintiff excepted to the opinion of the court in rejecting certain evidence offered by him in support of his title from the original grantor, Stockley Donelson, holding under a patent from the state of North Carolina. The court refused to admit the deed of conveyance to the plaintiff, on the ground that the same was not registered according to the provisions of the law.

The bill of exceptions, containing the matters offered in evidence and rejected by the court, is stated in the opinion of the court.

The case was argued by Mr. Polk, for the plaintiff in error; and by Mr White, for the defendant.

For the plaintiff it was contended, that the circuit court erred:

1. In not permitting the deed of conveyance from Stockley Donelson and John Hackett to David Ross, the lessor of the plaintiff, to be read to the jury, on the certificates of probate and registration indorsed on said deed.

2. In not permitting parol testimony to be given to the jury, to prove that said deed of conveyance had been duly proven in the court of pleas, &c. for Hawkins county, according to the provisions of the law of that state.

3. In not permitting said deed to be read in evidence, without either certificate of probate or parol evidence of its having been duly proven; as it had been on record in the register's office for more than thirty years.

Mr Chief Justice MARSHALL delivered the opinion of the Court.