8 Tennessee opinions name it 3 courts 1950–2024 2 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 |
|---|---|---|
Wilson v. Pricegreen2 sentences2023The idea underlying the doctrine of adverse possession is “‘that the possession should be maintained in an open and notorious manner, so as to warn the true owner that a hostile claim is being asserted to his land.’” Id. (quoting Bensdorff, 177 S.W. at 483). 2014“The underlying idea of the doctrine of adverse possession is ‘that the possession should be maintained in an open and notorious manner, so as to warn the true owner that a hostile claim is being asserted to his land.’ ” Wilson v. Price, 195 S.W.3d 661, 666 (Tenn. Ct. App. 2005)(quoting Bensdorff v. Uihlein, 132 Tenn. 193 , 177 S.W. 481 , 483(Tenn. 1915)). | 1 | 2 |
Coal & Iron Co. v. Coppingergreen1 sentence2024Coal & Iron Co. v. Coppinger, 32 S.W. 465, 466 (Tenn. 1895) (holding “that defendant has not had such adverse possession as the law requires to give him a good possessory right as against the holder of the true title” (emphasis added)); Bensdorff v. Uihlein, 177 S.W. 481 , 483 (Tenn. 1915) (“The idea underlying the whole doctrine of adverse possession is that the possession should be maintained in an open and notorious manner, so as to warn the true owner that a hostile claim is being asserted to his land.” (emphasis added)); Drewery v. Nelms, 177 S.W. 946 , 947–48 (Tenn. 1915) (“The doctrine | 1 | 1 |
Burress v. Woodwardgreen1 sentence2014On the other hand, Tenn. Code Ann. § 28-2-110 was enacted “to facilitate the collection of property taxes by requiring persons claiming an interest in real property to have that interest assessed and to pay the taxes thereon.” Cumulus Broadcasting, Inc. v. Shim, 226 S.W.3d 366, 381 (Tenn. 2007)(citing Burress v. Woodward, 665 S.W.2d 707, 709 (Tenn. 1984)). | 1 | 1 |
Cumulus Broadcasting, Inc. v. Shimgreen1 sentence2014On the other hand, Tenn. Code Ann. § 28-2-110 was enacted “to facilitate the collection of property taxes by requiring persons claiming an interest in real property to have that interest assessed and to pay the taxes thereon.” Cumulus Broadcasting, Inc. v. Shim, 226 S.W.3d 366, 381 (Tenn. 2007)(citing Burress v. Woodward, 665 S.W.2d 707, 709 (Tenn. 1984)). | 1 | 1 |
Denton v. Dentongreen1 sentence2005Moore, 289 S.W.2d at 699 (quoting 1 Am.Jur. 826, §55)(emphasis added); accord Denton v. Denton, 627 S.W.2d 124,128 (Tenn. Ct. App. 1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bensdorff v. Uihlein
green
2 sentences2014“The underlying idea of the doctrine of adverse possession is ‘that the possession should be maintained in an open and notorious manner, so as to warn the true owner that a hostile claim is being asserted to his land.’ ” Wilson v. Price, 195 S.W.3d 661, 666 (Tenn. Ct. App. 2005)(quoting Bensdorff v. Uihlein, 132 Tenn. 193 , 177 S.W. 481 , 483(Tenn. 1915)). 2005The underlying idea of the doctrine of adverse possession is “that the possession should be maintained in an open and notorious manner, so as to warn the true owner that a hostile claim is being asserted to his land.” Bensdorff v. Uihlein, 132 Tenn. 193 , 177 S.W. 481 , 483 (1915). | 2 | 2005–2014 |
Moore v. Cole
green
1 sentence2005Moore, 289 S.W.2d at 699 (quoting 1 Am.Jur. 826, §55)(emphasis added); accord Denton v. Denton, 627 S.W.2d 124,128 (Tenn. Ct. App. 1981). | 1 | 2005–2005 |
Hampton v. Manuel
neutral
2 sentences1981Putting a tax deed for the whole tract on record is no ouster of a cotenant unless he knew of the adverse claim, and this is true even though the claimant enters under such a deed and exercises certain acts of ownership.’ ” The ease of Hampton v. Manuel, 56 Tenn. App. 95 , 405 S.W.2d 47 (1965) is also in point. 1981Putting a tax deed for the whole tract on record is no ouster of a cotenant unless he knew of the adverse claim, and this is true even though the claimant enters under such a deed and exercises certain acts of ownership.’ ” The ease of Hampton v. Manuel, 56 Tenn. App. 95 , 405 S.W.2d 47 (1965) is also in point. | 1 | 1981–1981 |
Quarles v. Arthur
green
2 sentences1956Putting a tax deed for the whole tract on record is no ouster of a cotenant unless he *700 knew of the adverse claim, and this is true even though the claimant enters under such a deed and exercises certain acts of ownership." In the case of Quarles v. Arthur, 33 Tenn. App. 291 , 231 S.W.2d 589 , the Court of Appeals, in an excellently reasoned opinion, handed down in January, 1950, have concluded as to a life tenant (we think the same rule reasonable and applicable under the facts in this case) that: "A remainderman is not charged with duty of keeping his estate under constant observation, no 1956Putting a tax deed for the whole tract on record is no ouster of a cotenant unless he *700 knew of the adverse claim, and this is true even though the claimant enters under such a deed and exercises certain acts of ownership." In the case of Quarles v. Arthur, 33 Tenn. App. 291 , 231 S.W.2d 589 , the Court of Appeals, in an excellently reasoned opinion, handed down in January, 1950, have concluded as to a life tenant (we think the same rule reasonable and applicable under the facts in this case) that: "A remainderman is not charged with duty of keeping his estate under constant observation, no | 1 | 1956–1956 |
Peoples v. Hagaman
green
1 sentence1950In Peoples v. Hagaman, supra, it was held that the grading and using of a well defined driveway was effective to give the true owner notice of an adverse use of his property — that, generally, the open and visible use of the property inconsistent with possession by the true owner is notice to the world that the claim is adverse. | 1 | 1950–1950 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.