83 Tenn. 204 | Tenn. | 1885
delivered the opinion of the court.
The chancellor, upon final hearing, dismissed the bill in this case, and the Referees recommend an affirmance of the decree. Complainant excepts.
The question of adverse possession, in the absence of a writing, clothing Cloyd with the legal or equitable title to the land, can cut no figure in the case. For the possession of the father was the possession of the children who lived with him, and would inure to their benefit, there being no proof of any adverse holding by him brought home to them: Fancher v. DeMontegre, 1 Head, 40.
The complainant’s claim rests, therefore, upon
In this view, it becomes unnecessary to analyze the testimony touching the alleged conveyance from Rachel Winegar to William Cloyd. Suffice it to say, that we concur with the chancellor and the Referees in the conclusion that tlie evidence fails to establish satisfactorily the execution of the instrument claimed. Confirm report, affirm decree, and dismiss the bill with costs.