Daniel R. Hightower v. Henry P‪.‬

This is an adverse possession case in which the question is, whether or not the permissive use of the disputed premises by the legal title holder, plaintiffs-appellants, amounts to such a re-entry as to oust the adverse holder and make unavailable the benefit of the seven year statute of limitations provided by T.C.A. § 28-2-103 The Court of Appeals and the chancery court have concurred in the facts of the case, finding that defendants-appellees had had adverse possession of the premises for seven years and more when plaintiffs-appellants sued; and concurred in the Disposition of the law question by holding that permissive entry does not oust the adverse holder, so that the seven-year statute does apply.