Duggan v. Wetmore

Citations

• 221 F. 916
• 137 C.C.A. 486
• 1915 U.S. App. LEXIS 1389

Syllabus

<p>1. Adverse Possession ®=>104—Possession Without Color oe Title—Presumption of Title.</p> <p>Under the law of Tennessee, actual and continuous possession of land for 20 years, whether or not under color of title, is at least presumptive evidence of title.</p> <p>[Ed. Note.—For other cases, see Adverse Possession, Cent: Dig. §§ 595-602; Dec. Dig. <S=ol04]</p> <p>2. Estoppel <®=»70—Equitable Estoppel—Grounds.</p> <p>Complainant had presumptive title to a tract of land in Tennessee by inheritance from her father, who had been long in possession, although apparently without any paper title. She and her husband moved on the land., but remained only two weeks, and- never resumed possession; the land being then of small value. Five years later her stepfather and her mother joined in a conveyance of the land, and their grantee and his successors remained in- possession for 29 years, when complainant brought suit to recover the land, which had been much improved and had largely increased in value. During all this time complainant and her husband had lived in the vicinity, knew of the conveyances, possession, and improvements, but complainant had asserted no claim. TTeld that both claims of title being based on presumptions only, arising from possession without color of title, complainant’s apparent abandonment created an estoppel which in equity barred her recovery.</p> <p>- <g=pFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Estoppel, Cent. Dig. §§ 183-187; Dec. Dig. <8=>70.]</p> <p>S. Husband and Wife <§»62—F¡sto,ppel—Married Women.</p> <p>The fact that a married woman is exempted from the operation of the statute of limitations governing actions of ejectment docs not save her from the effect of an estoppel which would bar her right to recover the land in equity.</p> <p>[Ed. Note.—For other cases, see Husband and Wife, Cent. Dig. §§ 282-281, 303; Dee. Dig. <Sk=>62.'J</p> <p>other cases see same topi