Legal Opinion · Dissent

Ellege v. Cooke

Tennessee Supreme Court

Decided September 15, 1880Published

PROM SEVIER. Appeal in error from the 'Circuit Court of Sevier •county. J. G. Rose, J.

1Dissent

CoopeR, J.,

delivered the following- dissenting-opinion :

In this action of ejectment, the defendants have the older paper title. The plaintiff’s right of recovery depends upon whether . the title in fee had, previous-to the entry of the defendants on the land, become vested in him by virtue of seven years adverse possession under the Code, sec. 2763.

The plaintiff’s vendor took possession of the land in March, 1852, and procured a grant from the State on the 12th of October of the same year. After remaining in possession for two years and four months, he sold to the plaintiff, giving him a bond…

2Cases cited24 opinions

  1. Blight's Lessee v. RochesterSupreme Court of the United States · 1822
  2. Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
  3. Willison v. WatkinsSupreme Court of the United States · 1830
  4. Mumford v. WhitneyNew York Supreme Court · 1836
  5. Lewis v. HawkinsSupreme Court of the United States · 1875

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