Rogers v. Lessees of Rebecca Park

• Decision Date: 30 April 1844
• Citation: 23 Tenn. 480
• Parties: ROGERS v. LESSEES OF REBECCA PARK et al.
• Court: Tennessee Supreme Court

23 Tenn. 480

ROGERS

v.LESSEES OF REBECCA PARK et al.

Supreme Court of Tennessee.

April, 1844.

Ejectment for 3,840 acres of land in Obion county, by S. Spellings and Mary Parks, against Rogers.

The defendant, upon affidavit filed, moved that the attorney prosecuting the suit be requested to exhibit his authority for so doing. This motion prevailed, and an order in conformity therewith was made; and that, if the authority should not be produced, that the suit should be dismissed. Thereupon the attorney, William Fitzgerald, produced powers of attorney, purporting to have been executed by E. Spellings and Mary Parks to W. Fitzgerald, authorizing him to prosecute an action of ejectment for the land in controversy. These powers of attorney were not authenticated, as the law directs, to render them admissible as evidence, and were objected to by the defendant; but the court overruled the objection and discharged the motion.

The cause came on for trial at the June term, 1843, in the circuit court of Dyer (the cause having been transferred to that county), Harris, judge, presiding.

The plaintiffs introduced a grant from the State of North Carolina to Benjamin Steadman, and claimed the land as the heirs at law of said Steadman, who had been a soldier of the Revolution, and died not long thereafter, the precise time not appearing. He left one child only, to wit, Mary Steadman.

It did not appear from the proof that B. Steadman was ever married, or was not, and there was no proof casting a shade of suspicion on the legitimacy of Sarah.

The plaintiffs were the heirs at law of said Sarah.

The defendant introduced records of the condemnation and sale of the land in controversy for the taxes for two several years, and deeds by the sheriff for the same, the one to Hamilton and the other to Rogers, the defendant.

The jury, under the charge of the court, returned a verdict in favor of the plaintiffs. A motion for a new trial being made and overruled, and judgment rendered, the defendant appealed.

Totten, for plaintiff in error.

Fitzgerald, for defendant in error.

Turley, J., delivered the opinion of the court.

This is an action of ejectment, in which there was judgment for the lessee of the plaintiff in the court below, which is sought to be reversed here upon three grounds:

1st. That there is no sufficient evidence of authority in the attorney of the plaintiff to commence and prosecute the suit. A rule was made, upon the attorney, in the circuit court to produce his authority, in compliance with which he produced powers of attorney from Elizabeth Spellings and Rebecca Park, the lessors, authorizing him to prosecute the suit. The execution of these powers was proved in the State of North Carolina; that from Rebecca Parks in the superior court of law for that State, at the October term, 1842, before M. E. Manly, one of the presiding judges of that court, by the subscribing witness, which fact is certified by him and by the clerk, who also certifies that Manly was the judge of that court; that, from Elizabeth Spellings, was proved by the...