Heirs of Shelby v. Shelby
Tennessee Supreme Court
\ y Chancery. ) The complainants instituted their suit in Chancery, charging that James Shelby, in his lifetime, had procured from the commissioners, appointed by North Carolina for that purpose, a certificate for six hundred and forty acres of land; that, in 1783, the said James Shelby was killed by the Indians, leaving John Shelby, the ancestor of the complainants, his eldest brother, and heir-at-law, who thereby was entitled to the certificate; that a certain Evan Shelby…
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\ y Chancery. ) The complainants instituted their suit in Chancery, charging that James Shelby, in his lifetime, had procured from the commissioners, appointed by North Carolina for that purpose, a certificate for six hundred and forty acres of land; that, in 1783, the said James Shelby was killed by the Indians, leaving John Shelby, the ancestor of the complainants, his eldest brother, and heir-at-law, who thereby was entitled to the certificate; that a certain Evan Shelby fraudulently got possession of the certificate, upon which he made an entry with the entrytaker, and had the same…
1Opinion of the CourtOveRton, J.
delivered the following opinion of the Court: —
The only questions made at the bar are, whether the plea of seven years’ possession or the ordinary limitation of three years applies ? If either of these defences are good, the defendants must prevail.
Fraud is the ground upon which this case rests; but it cannot be presumed ; it must either be proved directly or from circumstances. As, however, the Statute of Limitations has been argued at length, we are prepared to give an opinion upon it.
It has been insisted that a person who gets the legal estate through fraud, holds it as a trustee; and…
2Cases cited1 opinion
- Meeker v. GardellaWashington Supreme Court · 1890
3Cited by8 opinions
- Pacific Eastern Corp. v. Gulf Life Holding Co.Court of Appeals of Tennessee · 1995
- Prescott v. AdamsCourt of Appeals of Tennessee · 1981
- Hackworth v. Ralston Purina CompanyTennessee Supreme Court · 1964
- Patten v. Standard Oil Co. of LouisianaTennessee Supreme Court · 1933
- Phillips v. PhillipsTennessee Supreme Court · 1975
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