United States Supreme Court Cases & Opinions

U.S. Supreme Court

McClung v. Ross, 18 U.S. 5 Wheat. 116 116 (1820)

McClung v. Ross

18 U.S. (5 Wheat.) 116

Syllabus

Under the laws of Tennessee, where lands are sold by a summary proceeding for the payment of taxes, it is essential to the validity of the sale, and of the deed made thereon that every fact necessary to give the court jurisdiction should appear upon the record.

Under the statute of limitations of Tennessee, the running of the statute can only be stopped by actual suit if the party claiming under it has peaceable possession for seven years. But such a possession cannot exist if the party having the better right takes actual possession in pursuance of his right.

One tenant in common may oust his co-tenant, and hold in severalty, but a silent possession, unaccompanied with any act amounting to an ouster, or giving notice to the co-tenant that his possession is adverse, cannot be construed into an adverse possession.

Page 18 U. S. 117