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Officials in Jefferson County, Tennessee seek for Davy Crockett marriage license papers to be returned after many years.
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dolfan wrote:I'm not specifically aware of precedent, and there's probably very little in the way of an exact factual parallel in history. The question is manifold. First, what you have is a Tennessee court that has already ruled, applying Tennessee law. Assuming that the trial court "got it right" on the law of Tennessee in holding that the document is and always was county or state property, the real issue is whether a Florida court will enforce Tennessee's judgment. As a general rule, of course, comity would demand that Florida honor and enforce the Tennessee judgment.
There may be other rules that come into play here, and I'm sure there are, that would suggest that the lady who has it owns it under the law. BUT, the general rule is that as against the real owner, a person in possession can not gain a better title than the one given to her. In other words, she may be the rightful owner as compared to anyone else in the world EXCEPT Jefferson County, Tennessee, in which case she may, indeed, be required to return it without pay. I don't know if the Florida court would view the case as one falling under rules of comity and by those rules enforce (or not) the Tennessee court ruling, OR if the courts in Florida would open up the whole case on its merits and decide for itself who the rightful owner is and apply Florida laws on that question.

dolfan wrote:Oh, I'm sure that's why they now want the document. I don't know that their motivation matters, though. But, it could if the Florida court is inclined to take a fresh look at the case on its merits applying Florida property law and equity rules. If the question is simply whether a Florida court should enforce a Tennessee state court judgment, it isn't going to make any difference.

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