Doak v. Donelson's Lessee
Tennessee Supreme Court
This was an action of ejectment, commenced on the 1st of August 1822; verdict and judgment in the circuit court for the lessor of the plaintiff. The decision of this court turned wholly upon the question of possession, therefore it is unnecessary to notice the original titles.
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This was an action of ejectment, commenced on the 1st of August 1822; verdict and judgment in the circuit court for the lessor of the plaintiff. The decision of this court turned wholly upon the question of possession, therefore it is unnecessary to notice the original titles. The proof as to possession on the trial, was as follows: That Warner and one of the defendants had been living on the land in dispute ever since the fall of 1831, or about (he first of the year 1822. That before that time, during five or six years, one Whitworth, (and perhaps one Pugh, during a part of the time,) were…
1Opinion of the Court
Opinion of the court delivered by
Judge Catron.
One question in this cause is, as to the admissibility of Higgins’ testimony. He proved that Wilkerson told him that he settled upon the land by the permission of John Don-elson; the evidence was objected to as hearsay, but was received by the court. I am inclined to the opinion, that the court acted correctly in permitting the evidence to go to the jury; it was offered as a mere fact connected with the matter in dispute, not calculated to affect Doak, fur*252ther iban file fact of Wilkerson’s being Donelson’s tenant would affect him. It was a part of…
2Cited by4 opinions
- Moore v. ColeTennessee Supreme Court · 1956
- Cooke v. SmithCourt of Appeals of Tennessee · 1986
- Hood v. CravensCourt of Appeals of Tennessee · 1948
- Moore v. ColeTennessee Supreme Court · 1956