
    BILLINGSLEY’S LESSEE vs. RHEA.
    A grant founded on a military claim, vests the title in the heirs of the grantee, although he died prior to the time of making the entry.
    The plaintiff claimed under a grant to Parker, dated 20th May, 1793, upon an entry dated June 7th, 1785.
    The defendant shewed a grant to Isaac Moore, dated September 15th, 1787, upon an entry dated 16th of April, 1785; deeds from the patentee to Harman, from him to his brother, and thence to the defendant.
    J. Wallen proved, that Isaac Moore, in whose name the grant issued, died in the service during the revolutionary war, and that Charles Moore was his heir, as he believed.
    Dickinson of counsel for the plaintiff,
    objected to the reading of the grant to Moore, being a perfect nullity, no such person being in existence when it issued; nay, he was dead before the warrant issued; it did not come within the meaning of the act of October, 1779, c. 4.
   Per Curiam.

White J. and Overton, J.

The section alluded to is in these words: "That in case of the death of any person, who heretofore has made an entry of land, or who hereafter shall make an entry pending the same, or before the making out the grant, his or their heirs or assigns shall have a fee simple in the premises, although the grant shall be made in the name of the decedent." It is true, that Isaac Moore, in whose name the entry and grant were made, died long before the making of the entry, and that this case does not come within the letter, but it evidently does within the equity of the act. Qui haeret in litera, haeret in eortice. The grant to Moore is good.

Verdict for defendant.  