Howard v. Massengale

Ingersoll, Sp. J.,

delivered the opinion of the court.

This is an ejectment bill to recover about six acres of land on Lookout Mountain, valuable as a summer resort. The answers of defendants rely upon title in themselves, want of title in complainant, and outstanding title in a third, party. It is clearly proven that all parties claim title under one Foster, who is admitted to have been the owner in 1849. It is not necessary, therefore, for either party asserting title to deraign it from the State: 3 Head, 8, 468; 6 Baxt., 114; 2 Greenl. Ev., sec. 307.

The question for determination is, who has…