Tennessee Supreme Court, 1849

Morgan v. Hannah's Lessee

Tennessee Supreme Court · Decided September 15, 1849

1 Thompson 44; 1 Shan. Cas. 28

Cases that cite this one

27 later published cases cite this decision. The 25 that cite it most often are listed here.

Hamburger v. Economy Department Store (S.D. 1928)
Williams v. County Court of Grant Co. (W. Va. 1885)
State v. Johnson (La. Ct. App. 2016)
State v. Moody (La. Ct. App. 2015)
State of Louisiana v. Diwarn R. Bradford (La. Ct. App. 2011)
Flagler v. Wessman (Ill. App. Ct. 1970)
Suing v. Catton (Ill. App. Ct. 1970)
O'Brien v. Country Mutual Insurance (Ill. App. Ct. 1969)
Devlin v. Wantroba (Ill. App. Ct. 1966)
Terrill v. City of Chicago (Ill. App. Ct. 1966)
Wert v. Burke (Ill. App. Ct. 1964)
Vroom v. Curtiss (Cal. 1941)
Hulse v. Nash (Ill. 1928)
Society of the Sisters of the Holy Names of Jesus & Mary v. Pierce (District Court, D. Oregon 1924)
Frazier v. Ray (N.M. 1923)
Adams v. Morehead (S.D. 1922)
Trotter v. E. I. Dupont de Nemours & Co. (Va. 1919)
Pecos & N. T. Ry. Co. v. Cox (Tex. App. 1912)
Leonard v. Garland (Ill. 1911)
Drainage Commissioners of Drainage District No. 2 v. Kinney (Ill. 1908)
Wells v. Patton (Kan. 1893)
Grimes v. Grimes (Ill. 1892)
Lawrence v. Traner (Ill. 1891)
Searing v. Heavysides (Ill. 1883)
Dana v. New York Central & Hudson River Railroad (New York Supreme Court 1875)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

This was an action of ejectment brought by Hannah’s Lessee, against the three Morgan’s tenants in common of certain real estate. Judgment below for the plaintiff, from which the defendants appealed to the Supreme Court, and two of them perfected their appeal by taking the pauper oath, while the third, failed either to give bond or to take the pauper oath.

Trewhitt entered a motion to dismiss the appeal as to all of the appellants.

The Supreme Court dismissed the appeal as to the one who had not complied with the law; but decided that the other two were properly in Court, and discharged the motion as to them. (1)

The Clerk entered the judgment generally against the defendant as to whom the appeal had been dismissed; but the Court on motion ordered it to be changed, and awarded a procedendo and a writ of *45possession to put tbe plaintiff in possession “to the same extent and in the same manner as the same was held by the defendant at the commencement of the suit.”

Contra, Gamewell v. Chester, Jackson, 1867. (Reported in Vol. 2 of these Reports). But see Grills v. Hill, 2 Sneed 711.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.