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1 Thompson 63

Cate v. Little

Tennessee Supreme Court

Decided September 15, 1850

Tennessee Supreme Court · decided 1850-09-15

<p>ASSIGNMENT of Chose in Action and Right to sue upon same.</p> <p>A widow may sue upon a debt due ber husband which has been assigned to her by commissioners appointed by the County Court to lay off a years support.</p>

Decided 1850-09-15

McKinney, J.:

¶1This was an action brought before a justice of the peace by a widow upon a debt due to her husband, and assigned to her by commissioners appointed by the county court to lay off a years support. The assignment vested the widow with a legal right to sue, and suit was properly brought by her in her own name. The assignment to the widow cannot be questioned by the debtor. The county courtis upon this subject a court of exclusive jurisdiction, and its action will be presumed to be correct. (1)

¶2 As to the presumption in favor of the jurisdiction of the County Court, see Brien v. Hart, 6 Humph. 131; Campbell v. McIrwin & Lusk, 4 Hayw. 60; Gwin v. Vanzant, 7 Yerg. 143; King v. Vaughn, 8 Yerg. 59; Townsend v. Townsend, 4 Cold. 70; Mankin v. The State, 2 Swan, 206.

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