fixed rule in Tennessee

2025Like many other aspects of society, our nation’s school systems have been forced to react to the changing times.” Id. at 897 .

2011We begin our discussion of this issue by noting that the doctrine of equitable conversion “is not a fixed rule of law.” Id. at 319 (quoting Fowler v. Plunk, 7 Tenn.App. 29, 34 , 1928 WL 1991 at *4 (Tenn.Ct.App.1928)).

2011We begin our discussion of this issue by noting that the doctrine of equitable conversion “is not a fixed rule of law.” Id. at 319 (quoting Fowler v. Plunk, 7 Tenn.App. 29, 34 , 1928 WL 1991 at *4 (Tenn.Ct.App.1928)).

1961In that case the Court discussing the relationship between a life tenant and a remainderman as it relates to the doctrines of “ouster” so that by a claim of adverse possession the life tenant might claim title in fee, makes direct reference to such doctrine between tenants in common and said: “But the rule has no application as between a life tenant and remaindermen.” [ 196 Tenn. 560 , 268 S. W. (2d) 586 .] Further discussing this relationship, the Court fixed a rule by which such relationship must be governed, saying: “We think it is a settled rule of law in this State that, ‘Every owner of a

1958This theory as *88 being the law in Tennessee was stated by Justice Nicholson in the following words: “It should be regarded as a fixed rule of property in this State, that the real estate of a partnership is held as personalty for the purposes of the partnership, but when not needed for such purposes it descends, as other real estate.” Williamson v. Fontain, 66 Tenn. 212 .

1956And as the proposition that an improper discharge of the jury is, in the sense of the Constitution, a trial and acquittal, and *502 for”, .that reason-a bar' to .further .jeopardy, depends absolutely .upon the .existence of a fixed rule for ■’ determining • when • a 'discharge1 is improper, that ■ proposition-also must fall.” e ' 'Carrying out this .thought, that this rule is hot a constitutional prohibition but one of practice adopted by the Court .to meet the'exigencies of the times, we in Etter v. State, 135 Tenn. 218 , 205 S. W. (2d) 1 , have set forth a number of our cases and there certa

1956Since the opinion in this case this Court has likewise had the opinion of Davis v. State, 199 Tenn. 51 , 282 S. W. (2d) 357 .

1956Since the opinion in this case this Court has likewise had the opinion of Davis v. State, 199 Tenn. 51 , 282 S. W. (2d) 357 .

1956And as the proposition that an improper discharge of the jury is, in the sense of the Constitution, a trial and acquittal, and *502 for”, .that reason-a bar' to .further .jeopardy, depends absolutely .upon the .existence of a fixed rule for ■’ determining • when • a 'discharge1 is improper, that ■ proposition-also must fall.” e ' 'Carrying out this .thought, that this rule is hot a constitutional prohibition but one of practice adopted by the Court .to meet the'exigencies of the times, we in Etter v. State, 135 Tenn. 218 , 205 S. W. (2d) 1 , have set forth a number of our cases and there certa

1945It was said in O’Brien v. Wheelock, 184 U. S. 450, 493 , 22 S. Ct. 354, 371 , 46 L.

1945It was said in O’Brien v. Wheelock, 184 U. S. 450, 493 , 22 S. Ct. 354, 371 , 46 L.

1917State v. Murphy, 101 Tenn., 515 , 47 S. W., 1098 .

1917State v. Murphy, 101 Tenn., 515 , 47 S. W., 1098 .