Gudger v. Barnes
Tennessee Supreme Court
FROM HENRY. Appeal from the judgment of the Circuit Court in favor of the defendants, January Term, 1869. Lucien L. Hawkins, Sp. J. Ejectment brought December 24, 1867, by the holder of the legal title, who. has given a title bond. Bond given in 1837. Agreement to pay balance by one of the Hughes heirs holding the property in 1851. The time during which the statute was suspended is not to be computed.
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FROM HENRY. Appeal from the judgment of the Circuit Court in favor of the defendants, January Term, 1869. Lucien L. Hawkins, Sp. J. Ejectment brought December 24, 1867, by the holder of the legal title, who. has given a title bond. Bond given in 1837. Agreement to pay balance by one of the Hughes heirs holding the property in 1851. The time during which the statute was suspended is not to be computed. This was held by this court, at Knoxville, in the ease of Carter v. Wolfe, 1 Heis., 694.1 The acknowledgment of a debt within sixteen years does away with the presumption of payment, and sixteen…
1Opinion of the CourtFreeman, J.
*574This action of ejectment was commenced by plaintiffs, tbe heirs of Robert Love, deceased, to recover a tract of land of two hundred and fifty acres,.in Henry county.
The proof shows the land was granted to Robert Love, by Grant No. 1,009, of date May, 1828, by virtue of warrant dated in 1816, and that plaintiffs are his heirs.
The recovery of plaintiffs is resisted by defendant on several grounds growing out of -the following state of facts:
Robert M. Hughes seems to have been living on this land in 1826 or 1828, in a house, as the witness says, inside of a field of about twenty acres, and…
2Cases cited2 opinions
- Pendergrass v. JacksonCourt of Appeals of Kentucky · 1801
- Stille v. LynchSupreme Court of the United States · 1792