by John Marshall

“ But the judge was of opinion that the possession of Hackett was not adverse to that of Ross, because they were tenants in common.
That one tenant in common may oust his co-tetenant and hold in severalty, is not to be questioned. But a silent possession, accompanied with no act which can amount to an ouster, or give notice to his co-tenant that his possession is adverse, ought not, we think, to be construed into an adverse possession. ”

“ This fact cannot exist, if the person having the better title takes actual possession in pursuance of his right. It is unnecessary to inquire whether the subsequent abandonment of this possession rendered it in this case a nullity, because the point is rendered unimportant by the circumstances that Ross and Hackett were tenants in common. There is, then, no error in the charge so far as respects the statute of limitations. ”

“ And under the act of Tennessee, it is settled by the decisions of the local Courts, and of this Court, that it does not, like other statutes of limitation, protect a mere naked possession, but that its operation is to be limited to a possession of seven years, acquired and held under a grant or a deed founded on a grant. Patton's Lessee v. Easton, ante, vol. I. p. 476. and the defendant, McClung, he took possession of the land in March, 1807, built a house, and cleared seven or eight acres, and retained possession of the land until the contract was rescinded. ”