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5 Tennessee opinions name it 1 courts 1953–2017 0 in the last five years
The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cannon v. Phillipsgreen2 sentences2017See Roberts, 470 S.W.3d at 39 (describing the required elements); Morgan v. Dillard, 61 Tenn. App. 519, 525 , 456 S.W.2d 359, 362 (Tenn. Ct. App. 1970) (quoting Cannon v. Phillips, 34 Tenn. 211, 214 (Tenn. 1854)) (“The doctrine of presumption of title rests upon the simple fact of long-continued use and enjoyment, and requires no aid from ‘color of title.’ . . . 1970Title under this doctrine does not require even color of title, and is defined in Cannon v. Phillips (1834) 34 Tenn. 211 at 214 as follows: “The doctrine of presumption of title rests upon the simple fact of long-continued use and enjoyment, and requires no aid for ‘color of title.’ Possession of land is prima-facie evidence of title; the law supposes that it had a legal origin, and when undisturbed for the period of twenty years, it becomes, in view of the law, an assurance of title of no less force or efficacy than the actual grant whose place it supplies. | 1 | 5 |
Arthur B. Roberts v. Robert Baileygreen1 sentence2017See Roberts, 470 S.W.3d at 39 (describing the required elements); Morgan v. Dillard, 61 Tenn. App. 519, 525 , 456 S.W.2d 359, 362 (Tenn. Ct. App. 1970) (quoting Cannon v. Phillips, 34 Tenn. 211, 214 (Tenn. 1854)) (“The doctrine of presumption of title rests upon the simple fact of long-continued use and enjoyment, and requires no aid from ‘color of title.’ . . . | 1 | 1 |
Morgan v. Dillardgreen2 sentences2017See Roberts, 470 S.W.3d at 39 (describing the required elements); Morgan v. Dillard, 61 Tenn. App. 519, 525 , 456 S.W.2d 359, 362 (Tenn. Ct. App. 1970) (quoting Cannon v. Phillips, 34 Tenn. 211, 214 (Tenn. 1854)) (“The doctrine of presumption of title rests upon the simple fact of long-continued use and enjoyment, and requires no aid from ‘color of title.’ . . . 2017See Roberts, 470 S.W.3d at 39 (describing the required elements); Morgan v. Dillard, 61 Tenn. App. 519, 525 , 456 S.W.2d 359, 362 (Tenn. Ct. App. 1970) (quoting Cannon v. Phillips, 34 Tenn. 211, 214 (Tenn. 1854)) (“The doctrine of presumption of title rests upon the simple fact of long-continued use and enjoyment, and requires no aid from ‘color of title.’ . . . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Preston v. Smith
green
2 sentences1970The presumption is not. founded upon the idea that as a matter of fact a grant once existed, nor is it aided by the fact that the possession may have been held under some defective form of assurance : it rests alone upon a principle of public policy, to quiet the title of those who can show no other title than long-continued possession and use.” For similar holdings, see also: King v. Coleman (1897) 98 Tenn. 561 , 40 S.W. 1082 ; Keel v. Sutton (1919) 142 Tenn. 341 , 219 S.W. 351 ; Preston v. Smith (1956) 41 Tenn.App. 222 , 293 S.W.2d 51 . 1970The presumption is not. founded upon the idea that as a matter of fact a grant once existed, nor is it aided by the fact that the possession may have been held under some defective form of assurance : it rests alone upon a principle of public policy, to quiet the title of those who can show no other title than long-continued possession and use.” For similar holdings, see also: King v. Coleman (1897) 98 Tenn. 561 , 40 S.W. 1082 ; Keel v. Sutton (1919) 142 Tenn. 341 , 219 S.W. 351 ; Preston v. Smith (1956) 41 Tenn.App. 222 , 293 S.W.2d 51 . | 1 | 1970–1970 |
King v. Coleman
green
2 sentences1970The presumption is not. founded upon the idea that as a matter of fact a grant once existed, nor is it aided by the fact that the possession may have been held under some defective form of assurance : it rests alone upon a principle of public policy, to quiet the title of those who can show no other title than long-continued possession and use.” For similar holdings, see also: King v. Coleman (1897) 98 Tenn. 561 , 40 S.W. 1082 ; Keel v. Sutton (1919) 142 Tenn. 341 , 219 S.W. 351 ; Preston v. Smith (1956) 41 Tenn.App. 222 , 293 S.W.2d 51 . 1970The presumption is not. founded upon the idea that as a matter of fact a grant once existed, nor is it aided by the fact that the possession may have been held under some defective form of assurance : it rests alone upon a principle of public policy, to quiet the title of those who can show no other title than long-continued possession and use.” For similar holdings, see also: King v. Coleman (1897) 98 Tenn. 561 , 40 S.W. 1082 ; Keel v. Sutton (1919) 142 Tenn. 341 , 219 S.W. 351 ; Preston v. Smith (1956) 41 Tenn.App. 222 , 293 S.W.2d 51 . | 1 | 1970–1970 |
Keel v. Sutton
green
1 sentence1970The presumption is not. founded upon the idea that as a matter of fact a grant once existed, nor is it aided by the fact that the possession may have been held under some defective form of assurance : it rests alone upon a principle of public policy, to quiet the title of those who can show no other title than long-continued possession and use.” For similar holdings, see also: King v. Coleman (1897) 98 Tenn. 561 , 40 S.W. 1082 ; Keel v. Sutton (1919) 142 Tenn. 341 , 219 S.W. 351 ; Preston v. Smith (1956) 41 Tenn.App. 222 , 293 S.W.2d 51 . | 1 | 1970–1970 |
Ferrell v. Ferrell
green
1 sentence1956In Ferrell v. Ferrell, 60 Tenn. 329 , it was said in reference to the presumption of a grant after-twenty years adverse possession: “It is based on reasons of public policy and to quiet title, and is a presumption of law in favor of long continued possession.” In the leading case of Cannon v. Phillips, 34 Tenn. 211 , at page 214, it is stated as follows: “The doctrine of presumption of title rests upon the simple fact of long continued use and enjoyment, and requires no aid from ‘color of title.’ Possession of land is prima-facie evidence of title. | 1 | 1956–1956 |