Heard v. Elliott
Tennessee Supreme Court
PROM SEQUATCHIE. Appeal from the Chancery Court of Sequatchie County. — T. M. McConnell, Chancellor. STATEMENT OF CASE BY MR. JUSTICE NEIL. By an act passed in July, 1870 (Acts 1870, p. 115, c. 68), the office of entry taker in the State was consolidated with the office of county surveyor. By chapter 55, p. 51, of the Acts of 3875, the office of county entry taker for the various counties in the State was abolished.
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PROM SEQUATCHIE. Appeal from the Chancery Court of Sequatchie County. — T. M. McConnell, Chancellor. STATEMENT OF CASE BY MR. JUSTICE NEIL. By an act passed in July, 1870 (Acts 1870, p. 115, c. 68), the office of entry taker in the State was consolidated with the office of county surveyor. By chapter 55, p. 51, of the Acts of 3875, the office of county entry taker for the various counties in the State was abolished. On the 26th of February, 1879 (Acts 1879, p. 65, c. 46), the legislature passed an act entitled “An act to' establish the entry taker’s office.” Section 1 of this act reads as…
1Opinion of the CourtJustice Neil
We are of opinion that the court of chancery appeals acted correctly in affirming the decree of the chancellor. The long possession by Thurman of the books and papers of the office and the performance of the duties thereof with the acquiescence of the public, prior and up to the time when defendant’s entry was made, constituted him .an entry taker de facto; that is, if such an office was then in existence, a question which we shall presently consider. We adopt as correct the following definition made by Chief Justice Butler in State v. Carroll, 38 Conn., 449, 9 Am. Rep., 409:
“An officer de…
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