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9 Tennessee opinions name it 2 courts 1980–2017 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 |
|---|---|---|
Livesay v. Keatongreen2 sentences2015Morgan, 456 S.W.2d at 362-63 ; see also England, 2012 WL 4503434 , at *6 (listing elements of title by prescription without requiring evidence of ouster); Livesay, 611 S.W.2d at 583-84 (same); Patrick, 2001 WL 1683751 , at *3 (“We feel compelled to note at the outset, that actual ‘ouster’ is not one of the requirements that need be proven by the prescriptive holder as [is the case] with the doctrine of adverse possession.”). 2008Brown, 83 S.W.3d at 157 (quoting Livesay, 611 S.W.2d at 583 ).... | 1 | 5 |
Arthur B. Roberts v. Robert Baileygreen1 sentence2017See Roberts, 470 S.W.3d at 40 (“[T]he first element of title by prescription has clearly been established in favor of the [defendants].”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Heirs of Marr v. Gilliam
green
2 sentences2008Because proving “continued enjoyment” of the property back to the time of Richard I was becoming more problematic with the passage of time, a custom arose of “allowing a presumption of a grant” on proof of “usage for a long term of years.” Id. -5- The doctrine of title by prescription in Tennessee can be traced to the 1860 case of Marr's Heirs v. Gilliam, 41 Tenn. 488 (Tenn.1860). 2001In Marr v. Gilliam, 41 Tenn. 488 , 501 (Tenn. 1860), the supreme court stated: It is, however, well settled that the exclusive and uninterrupted possession by one tenant in common of land for a great number of years - say for twenty or more - claiming the same as his own, without any account with his co-tenants, or claim on their part, - they being under no disability to assert their rights, - becomes evidence of a title to such sole possession, and the jury are authorized to presume a release, an ouster, or other thing necessary to protect the possessor, and the action of ejectment by his co- | 4 | 1980–2008 |
Eckhardt v. Eckhardt
green
2 sentences1992Drew-ery v. Nelms, supra; Marr’s Heirs v. Gilliam, supra; Eckhardt v. Eckhardt (1957) 43 Tenn.App. 1 , 305 S.W.2d 346 . 1992Drew-ery v. Nelms, supra; Marr’s Heirs v. Gilliam, supra; Eckhardt v. Eckhardt (1957) 43 Tenn.App. 1 , 305 S.W.2d 346 . | 2 | 1980–1992 |
Morgan v. Dillard
green
1 sentence2015Morgan, 456 S.W.2d at 362-63 ; see also England, 2012 WL 4503434 , at *6 (listing elements of title by prescription without requiring evidence of ouster); Livesay, 611 S.W.2d at 583-84 (same); Patrick, 2001 WL 1683751 , at *3 (“We feel compelled to note at the outset, that actual ‘ouster’ is not one of the requirements that need be proven by the prescriptive holder as [is the case] with the doctrine of adverse possession.”). | 1 | 2015–2015 |
Dubose v. Parker
green
1 sentence2008Because proving “continued enjoyment” of the property back to the time of Richard I was becoming more problematic with the passage of time, a custom arose of “allowing a presumption of a grant” on proof of “usage for a long term of years.” Id. -5- The doctrine of title by prescription in Tennessee can be traced to the 1860 case of Marr's Heirs v. Gilliam, 41 Tenn. 488 (Tenn.1860). | 1 | 2008–2008 |
Brown v. Daly
green
1 sentence2008Brown, 83 S.W.3d at 157 (quoting Livesay, 611 S.W.2d at 583 ).... | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.