Dewey v. Sewanee Fuel & Iron Co.

Citations

• 191 F. 450
• 1910 U.S. App. LEXIS 5798

Syllabus

<p>1. Limitation op Actions (§ 72*) — Commencement—Infancy.</p> <p>Code Tenn. 1858, §§ 2763, 2764, as amended by Acts Tenn. 1895, c. 38, §§ 1, 2 (Shannon’s Code §§ 4456, 4457), declares that any person having had seven years adverse possession of granted land under registered assurance of title, without any claim commenced within that time and effectually prosecuted against him, shall be vested with a good and indefeasible title to the land, and that the owner neglecting for the term of seven years to effectually prosecute his claim against the person in possession shall be forever barred. Section 2757 (section 4448) provides that, if the person entitled to, commence an action is at the'time the cause of action accrued within the age of 21, he may commence the action after the removal of such disability within the time of limitation for the .particular cause of action unless it exceed three years, and in that case within three years from the removal of the disability. Hold that, where the owner of land in possession of another was a minor, such disability did not prevent the initiation of adverse possession during minority, but only authorized suit within three years after he became of age, so that where the full seven years possession had terminated before the removal of the disability, the owner’s right would be barred, unless suit was brought within three years after the termination of the disability, regardless of whether the adverse possession was continued or not.</p> <p>[Ed. Note.' — For other cases, see Limitation of Actions, Cent. Dig. §§ 390-398 ; Dec. Dig. § 72.*]</p> <p>2. Limitation op Actions (§ 192*) — Disability—Removal—Replication.</p> <p>Code Tenn. 1858, §§ 2763, 2764, as amended by Acts Tenn. 1895, c. 38, §§ 1, 2 (Shannon’s Code, §§ 4456.4457), limit an action to recover real property against a person in adverse possession to seven years, and section 2757 (section 4448) provides that, if the owner is an infant, his action shall not be barred until