Public-domain · open source
OpenJurist

11 Tenn. 167

Thompson v. Hill

Tennessee Supreme Court

Decided March 15, 1832

Tennessee Supreme Court · decided 1832-03-15

Questions of boundary aro exclusively within the jurisdiction of a court of law, with a few exceptions; and in order to entitle a party to the aid of a court of equity, he must bring himself within the exceptions. When a court of law and a court of equity have concurrent jürisdiction of tho matter in dispute, the court which takes jurisdiction settles the matter conclusively.

Decided 1832-03-15

Catron, Ch. J.

¶1delivered the opinion of the court.

¶2This cause presents a naked question of boundary, which, if not exclusively a legal question, has but few exceptions; no exception giving a court of equity jurisdiction, is found in the case presented by the bill.

¶3Had a court of equity concurrent jurisdiction with a court of law, (as has been agued,) yet there having been a full and fair trial at law, a court of chancery has no jurisdiction to disturb the judgment. This rule is laid down in the cause of Smith and M’Iver, (9 Wh. Rep. 532,) and has been repeatedly recognized by this court, particularly in the case of Blount vs. Garin, at Knoxville.

¶4Decree affirmed.

/11/tenn/167 · .json · Public domain