Mitchell v. Churchman's lessee
Tennessee Supreme Court
Churchman instituted this action of ejectment in the Circuit Court of Jefferson county against Mitchell, and it was submitted on the plea of not guilty to a jury, Robert M. Anderson, Judge, presiding, and a verdict was rendered in favor of the plaintiff, and defendant appealed.
1Opinion of the CourtGreen, J.
On the trial of this cause, the plaintiff introduced and examined John Coppack as a witness, as to the boundary of the land in controversy; and on the cross examination the defendant produced a plat, and enquired of the witness whether he had not made that plat as the land had been run out by him; he answered he had made it; it was all in' his hand writing, but he could not tell when he had made it. The defendant offered to submit the plat to the jury as evidence, but the court rejected it, but permitted the witness to refresh his memory by an inspection of the plat and notes, to which the…
2Cases cited1 opinion
- Thomas v. Ross & ShawNew York Supreme Court · 1832