Cox's Lessee v. Peck
Tennessee Supreme Court
A devise of land is a sufficient color of title to protect the defendant, by virtue of the act of limitations of 1819, ch. 28, sec. 1. Adverse possession is exclusively a question of fact for the jmy- The lessor of the plaintiff sold the land in controversy to Dudley Cox, the ancestor of the defendants, and put him in possession.
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A devise of land is a sufficient color of title to protect the defendant, by virtue of the act of limitations of 1819, ch. 28, sec. 1. Adverse possession is exclusively a question of fact for the jmy- The lessor of the plaintiff sold the land in controversy to Dudley Cox, the ancestor of the defendants, and put him in possession. A part only of the consideration money was alleged to have been paid, nor was there any writing, or memorandum of the agreement in writing, ever entered into between the parties. Dudley Cox died in 1812, and by his last will and testament, devised the premises to the…
1Opinion of the CourtGreen, J.
By the act of 1819, ch. 28, sec. 1, it is provided, that where any person shall have had seven years peaceable possession of lands, which have been granted, claiming the same by virtue of a deed, devise, grant or other assurance, purporting to convey in fee simple, and no claim by suit effectually prosecuted shall have been made within said time, that such person or persons, shall be entitled to hold possession, in preference to every other person.
In this case the defendants have had possession of the land in controversy for more than seven years before suit brought, under a devise in the…
2Cases cited1 opinion
- Jackson ex dem. Jadwin v. JoyNew York Supreme Court · 1812
3Cited by1 opinion
- Wallace v. McPhersonTennessee Supreme Court · 1947