Dyche v. Gass' Lessee
Tennessee Supreme Court
Under the act of limitations of 1819, ch. 28, sec. 2, a person in the actual possession of land for seven years without any title, is protected in his possession. The act of 1819, ch. 28, sec. 2, does not require a color of title to protect the person in his possession.
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Under the act of limitations of 1819, ch. 28, sec. 2, a person in the actual possession of land for seven years without any title, is protected in his possession. The act of 1819, ch. 28, sec. 2, does not require a color of title to protect the person in his possession. The defendant, in order to bar the plaintiff under this act, must show that his possession was taken under a claim hostile to the real owner, and that such hostility continued during the whole series of years. The act does not intend to bar a recovery of land so held, except that which is actually occupied by enclosure,…
1Opinion of the Court
Catron, Ch. J.
delivered the opinion of the court.
Gass’ grant issued June 22, 1820, and he sued the defendants 4th November, 1828. They show no title, save an informal deed covering their possessions, from Andrew Dyche to Hieronymous, one of the defendants, dated 27th December, 1822, but acknowledged by An*398drew Dyche, the grantor, in 1831, pending the ejectment. By the statute it only took effect from its acknowledgment to communicate title; nor is there any proof of its previous execution, so as to furnish any evidence of the extent and character of the possession, by virtue of which the…
2Cases cited2 opinions
- Jackson ex dem. Hardenbergh v. SchoonmakerNew York Supreme Court · 1809
- Jackson ex dem. Jadwin v. JoyNew York Supreme Court · 1812
3Cited by3 opinions
- Moffitt v. MeeksCourt of Appeals of Tennessee · 1946
- Walsh v. TiptonTennessee Supreme Court · 1945
- Peggy Mathes v. 99 Hermitage, LLCTennessee Supreme Court · 2024