# Moore v. Cole

> Tennessee Supreme Court · April 5, 1956 · 200 Tenn. 43

URL: https://www.frixlaw.com/law-library/cases/9766614

## Case

- **Full name:** Lizzie B. Moore, v. Edna Harris Cole, Et Al.
- **Court:** Tennessee Supreme Court
- **Decided:** April 5, 1956
- **Citations:** 200 Tenn. 43; 4 McCanless 43; 289 S.W.2d 695; 1956 Tenn. LEXIS 375
- **Precedential status:** Published
- **Opinion:** Concurrence by Swepston
- **Judges:** Burnett, Swepston, Buketett
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9766614

## Opinion text

Swepston, Justice.
*55 I concur in tlie opinion prepared by Justice Burnett in the above case for the reasons stated therein. I think it well'to add as a practical matter that it would be utterly unworkable to hold that the mere registration of a deed by one tenant in common purporting to convey the entire property to a third party-would be an ouster of other tenants in common, in the absence of possession by said grantee under said deed so as to amount to adverse possession.
Such a rule would require every tenant in common to go to the Register’s Office at frequent intervals to examine the records for such a deed. That office would be so flooded with tenants in common that the Register would be unable to function.
It is the adverse-possession under the deed that effects an ouster, but not merely the deed subsequent to and not constituting a part of the chain of title of a tenant in common.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9766614. Public record. Not legal advice.