Law Commons^™

Real Property -- 1954 Tennessee Survey, Herman L. Trautman, James C. Kirby Jr.

Vanderbilt Law Review

Champertous Deeds and Adverse Possession: There were two cases, Robinson v. Harris, and State v. McNabb, which used the questionable champertous deed concept to reach what seem to be just results. The sixteenth century doctrine, enacted by statute in Tennessee, is that a deed of conveyance executed and delivered by a title owner while the land is held in the adverse possession of another is void. As pointed out in the 1953 Survey article, however, recent Tennessee cases have tended to ignore a line of nationally recognized Tennessee equity cases holding that the deed is not void; that the transfer …

Reformation Of Voluntary Conveyances, Henry D. Bell

Vanderbilt Law Review

It has frequently been stated that equity will not reform a conveyance which is merely voluntary and based on no consideration.' As thus broadly stated the rule is manifestly inaccurate, for it is universally recognized that a grantor is entitled to have a voluntary conveyance reformed. Moreover,the rule is unhelpful and even misleading, for it does not define the term "voluntary" and it ignores a line of authority which allows reformation of concededly voluntary conveyances in favor of parties other than the grantor.

The continued recital of this rule is probably due to a spontaneous reaction of abhorrence on the …

Bills To Remove Cloud In Tennessee, Henry D. Bell

Vanderbilt Law Review

The bill in equity to remove cloud from title has been recognized in all of the American states. There has been, however, no agreement among the states as to the cases which come within the scope of the bill. Every bill to remove cloud presents two essential questions: (1) does the complainant have an interest in the property which entitles him to maintain the bill, and (2) does the adverse claim constitute a "cloud" on the title which equity will remove? The purpose of this Note is to review the authorities to determine what is necessary to satisfy these two …