Legal Opinion

Rook v. Godfrey

Tennessee Supreme Court

Decided October 27, 1900PublishedCited by 8 opinions

FROM CUMBERLAND. Appea] in error from Circuit Court of Cumberland County. W. T. Smith, J-

1Opinion of the Court

0 at.tvw kll, J.

Action of forcible entry and detainer; demurrer to evidence of the plaintiffs sustained, and appeal in error by them.

*535The action of the trial Judge was correct, for two reasons, (1) hecanse the plaintiffs failed to show that they were in the possession of the land when the defendants entered (Greer v. Wroc, 1 Sneed, 247; Elliott v. Lawless, 6 Heis., 129; Chamberlain v. Coal and Coke Co., 92 Tenn. 21), and (2) hecanse the defendants were put in possession by the Sheriff nnder writs of possession issued from the Chancery Court. Scott v. Newsom, 4 Sneed, 457.

Let the judgment be…

2Cases cited2 opinions

  1. Vance v. CumminsCourt of Appeals of Kentucky · 1803
  2. Chamberlain v. Fox Coal & Coke Co.Tennessee Supreme Court · 1892

3Cited by8 opinions

  1. State ex rel. Lane v. BallingerWashington Supreme Court · 1905
  2. Southern Ry. Co. v. McKinneyCourt of Appeals for the Fifth Circuit · 1921
  3. Turney v. Mobile & Ohio RailroadTennessee Supreme Court · 1913
  4. Cope v. PayneTennessee Supreme Court · 1903
  5. Jones v. CzazaCourt of Appeals of Tennessee · 1935

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