![]() ![]() ![]() In 1807, the legislature passed a supplementary act, the 3d section of which enacts that it shall be the duty of the collector of taxes in each county, after the 1 January in each year, to make report to the court in writing The 13th section of the act provides that "in case there shall not be any goods or chattels on which the sheriff can distress for public taxes, &c., he shall report the same to the court of his county." The court is then directed to make out certain lists, and to direct certain publications, after which the court may enter up judgment, on which execution may issue, and the lands be sold. In the year 1803, the Legislature of Tennessee passed an act subjecting all lands to which the Indian claim was extinguished, held by deed, &c., to taxes. The regularity of this sale, and the validity of the deeds made in consequence of it were contested, and the court determined against their validity, to which opinion of the court the counsel for the defendant excepted. 118įor the purpose of invalidating this deed, he offered in evidence certain records of the County Court of Rhea, showing that the land had been sold for the nonpayment of taxes, had been conveyed by the sheriff to the purchaser, and by the purchaser to the defendant. The defendant also claimed under Stockly Donalson, but his deeds, being of subsequent date, could confer no title while the deed to Ross remained in force. It is stated in the bill of exceptions that the execution of the deed on the part of Hackett was not proved. in the register's office of Hawkins County." "This conveyance was registered 27 December, 1793, in liber G. "This deed was proved in open court, and ordered to record." Its registration as to John Hackett was not admitted, and was proved only by the following endorsements. The regular registration of this deed, so far as respected Stockly Donalson, was admitted by the defendant. He also gave in evidence a deed of conveyance of the said land, purporting to be from Stockly Donalson and John Hackett, dated 29 September, 1793, and registered in Hawkins County, Tennessee, on 27 December, 1793. This is an action of ejectment brought by the lessee of David Ross against Charles McClung for 5,000 acres of land lying in the Distinct of East Tennessee.Īt the trial of the cause, the plaintiff in the court below gave in evidence two grants from the State of North Carolina for the land in controversy, to Stockly Donalson and John Hackett, the one dated 20 September, 1787, and the other dated 22 February, 1795. CHIEF JUSTICE MARSHALL delivered the opinion of the Court. One tenant in common may oust his co-tenant, and hold in severalty, but a silent possession, unaccompanied with any act amounting to an ouster, or giving notice to the co-tenant that his possession is adverse, cannot be construed into an adverse possession. But such a possession cannot exist if the party having the better right takes actual possession in pursuance of his right. ![]() ![]() Under the statute of limitations of Tennessee, the running of the statute can only be stopped by actual suit if the party claiming under it has peaceable possession for seven years. Under the laws of Tennessee, where lands are sold by a summary proceeding for the payment of taxes, it is essential to the validity of the sale, and of the deed made thereon that every fact necessary to give the court jurisdiction should appear upon the record. (5 Wheat.) 116 ERROR TO THE DISTRICT COURT OF EAST TENNESSEE Syllabus ![]()
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