Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 136 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...The witnesses for the defendants, as well as those for the complainants, say that the land has alWays been spoken of' as the Fielder lands. Fielder paid the taxes, and a number of the tax receipts are exhibited in the record. The land was sold for taxes once or twice, but was redeemed by Fielder each time. Several of the witnesses state that Tom Raines and those under him cut timber or wood on the land under authority of Fielder or his agent in charge. It is also stated by some of the witnesses that one A. 0. Ellis, who was an agent of Fielder, cut timber on the land at different times. It seems that the defendants lived and were reared near the land in controversy, and knew it was referred to by people in the vicinity as the Fielderv land. Up to September, 1913, no one had attempted to interfere with the possession or control which Fielder and his agents had exercised over the land, and no one had attempted to take possession of any part of it. No one had, so far as the record shows, for about thirty years, paid taxes on the land except the Fielders. Under date of September 3, 1913, one Mike Stephens executed to defendants a deed to the land in controversy, and on July 9, 1914, Catherine Miller, the mother of one of the defendants, executed to them a deed to the same land. These deeds were duly re-, corded, and thereupon defendants took possession of certain portions of the land, and made several small inclosures thereon. The deeds just mentioned were independent of the title claimed by complainants through either the Eastl'and or Scott grants. This bill was filed February'8, 1915. At the hearing in the court below, the chancellor entered a decree in favor of the complainants, holding that they had deraigned a perfect title to the...