Tennessee Supreme Court April 15, 1839 (Banks v. Wilks)

Reese, J.

delivered the opinion of the court.

The counsel for the plaintiff in error has argued, with much learning and ingenuity, that in all actions at common law, as well where the plaintiff sues upon his special case as in other forms of action, it is necessary to his maintainánce of the suit that the injury complained of should be either some invasion of his possession of property or should