Baker v. Dansbee
Tennessee Supreme Court
PROM PERRY. From the Circuit Court, October Term, 1870. Elijah Walker, J. The action did not survive at- common law, but the rule has been changed by Code, sec. 2846. This provision construed in Kimbrough v. Mitchell, 1 Head, 539, which decisive of present case. In Winters v. McGhee, 3 Sneed, 128, revivor of this very action permitted. It is said that cases cited apply only where action commenced in life time of owner of land.
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PROM PERRY. From the Circuit Court, October Term, 1870. Elijah Walker, J. The action did not survive at- common law, but the rule has been changed by Code, sec. 2846. This provision construed in Kimbrough v. Mitchell, 1 Head, 539, which decisive of present case. In Winters v. McGhee, 3 Sneed, 128, revivor of this very action permitted. It is said that cases cited apply only where action commenced in life time of owner of land. Reasoning of first mentioned ease does not hinge upon this point. Can it possibly be the law that A can burn down B’s house, and then annihilate his own liability…
1Opinion of the CourtDealeRICK, J.
This is an action of trespass, quare clausum fregit, brought in the Circuit Court of Perry county, by plaintiffs against defendant for trespass upon the lands of the intestate alleged to have been co'mmitted in his life time. The wife of the administrator was the heir of the intestate.
The court charged the jury that if the proof showed that the trespass complained of by the plaintiffs was committed in the life time of intestate, Jacob McCage, the ancestor of plaintiff’s wife, and that the action had since been brought by plaintiffs, founded on a title and possession which descended to them…
2Cited by2 opinions
- Heald v. WallaceTennessee Supreme Court · 1902
- Warren v. FurstenheimUnited States Circuit Court · 1888