53 Tenn. 16 | Tenn. | 1871
delivered the opinion of the court.
This was an action of ejectment to recover certain town lots in the town of Russellville. The plaintiff claimed under a Sheriff’s deed, The lots had been attached as the property of Benjamin F. Yoe, alleged to have been an absconding debtor, and the alleged landlord of the plaintiff in error, who was shown to have been in possession of the premises as tenant of the attachment debtor, at the time of the commencement of this action of ejectment, but it is shown that neither the attachment debtor nor his tenant were in possession when the attachment was levied. There was no other or further deraignment of title upon the trial beyond the production of the Sheriff’s deed, which was executed upon the sale of the lots in satisfaction of the judgment. The verdict and judgment were for the plaintiff below, from which the defendant appealed in error.
The defendant asked the court to charge the jury that to entitle the plaintiff to recover, he must show that the original defendant in the execution or attachment was in the actual possession of the property at
Let the judgment be reversed and the cause remanded for a new trial.