Lane's lessee v. Osment
Tennessee Supreme Court
Ejectment from Wilson county. In 1827, Joseph B. Chance obtained from the State a grant for the lands in dispute, which in that year he sold to Wyatt H. Scott, and executed to him a bond for the title. At this time the land was wood land and supposed vacant.
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Ejectment from Wilson county. In 1827, Joseph B. Chance obtained from the State a grant for the lands in dispute, which in that year he sold to Wyatt H. Scott, and executed to him a bond for the title. At this time the land was wood land and supposed vacant. In 1829, Scott compienced building a cabin, but before he went into possession, he took a lease in writing, for five years, from the lessor of the plaintiff, and went into possession under it, saying however, after he had signed the lease, and in the absence of Lane, if Chance would nqt agree to the lease, he would ylaim under his…
1Opinion of the CourtReese, J.
On the trial the circuit court charged the jury correctly, except that they were told that if the defendant had no notice of the lease, he would not be concluded by it from insisting upon his title, and might, though deriving his possession from a tenant of the plaintiff, retain it against him without surrendering it to him. This distinction, which we consider not well founded, probably arose in the mind of the court from a misapplication of the doctrine established with reference to the facts and circumstances, as between landlord and tenant, and those claiming the possession from the…
2Cases cited3 opinions
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Jackson ex dem. Sagoharie v. DobbinNew York Supreme Court · 1808
- Jackson ex dem. Wills v. StilesNew York Supreme Court · 1823