City National Bank & Trust Co. v. City of Knoxville

delivered the opinion of the Court.(1) This case is presented under the declaratory judgments law for advice of the court as to the relative rights of a judgment creditor of J. T. Toms and of a vendee of said Toms under an unregistered deed with respect to land in Knoxville.

On May 13,1918, in consideration of $1800, Toms conveyed to the City of Knoxville said lot there located. The city went into possession immediately, fenced the lot, and has held it adversely under inclosure ever since. By inadvertence the deed of Toms to the city was not recorded.

On July 6,1926, The City National Bank &…