Possession of goods and chattels continued for five (5) years, without demand made and pursued by due process of law, shall, as to the creditors of the possessor or purchasers from the possessor, be deemed conclusive evidence that the absolute property is in such possessor, unless the contrary appear by bill of sale, deed, will, or other instrument in writing, proved or acknowledged and registered.
Code 1858, § 1761 (deriv. Acts 1801, ch. 25, § 2); Shan., § 3152; mod. Code 1932, § 7834; T.C.A. (orig. ed.), § 64-303.
Cross-References. Adverse possession of real property, §28-2-101.
Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Bankruptcy, § 9; 13 Tenn. Juris., Fraudulent and Voluntary Conveyances, § 36; 14 Tenn. Juris., Gifts, § 11; 18 Tenn. Juris., Loans, § 4.
Law Reviews.
The Collection of Debts from Insolvent and Fully-Mortgaged Debtors (John A. Walker, Jr.), 43 Tenn. L. Rev. 399.