Volume 19 — Tennessee Reports

This action of ejectment, for '640 acres 'of land, Was Submitted to Barry, Judge of the 11th, sitting for Harrjs, Judge of the 6th circuit, at October Term, 1837, Of Weak-ley Circuit Court, upon an agreed case, in which it appeared— That military warrant, 5071, dated December 6, 1797, had been issued by North Carolina to Martin Armstrong, requiring him to survey for Daniel Baldridge, a private 640 acres within the limits of the lands reserved by law for the officers and…

Ejectment for 320 acres of land in Henry county, in the seventh section and fourth range. The premises had been granted, by the State of Tennessee, to the Trustees of the University of North Carolina, conveyed by them to John Fulton, by deed dated, January 31, 1834, sold under execu gfon against.

In forcible entry and detainer, the plaintiff’s complaint was in the following words — “To James N. Barr, Esq. an acting Justice of the Peace for Henry county, Tennessee. I, Abraham Lumbrick, complain of Robert Turner and James Turner, of a forcible entry and detainer, made by them into my mill house, on the 23rd March, 1836.

Lawler sued Howard before a justice of the peace of Weakly, on the 14th of June, 1836, for damages for the breach of a contract. On the 4th of July following, the jus^-tice gave judgment for the defendant for costs. The plaintiff prayed an appeal to the circuit court of Weakly, which was granted, and he executed his bond for the appeal, which, as usual, recited that an appeal had been prayed and granted, but the justice omitted to enter the prayer for and grant of the appeal.

This was an action on thé case brought by Henry against Neal and Shelton, in the circuit court of Fayette, for a nuisance, produced by erecting a dam across a stream of water, called Muddy Creek, below plaintiff’s land, whereby it was overflowed, and certain springs of water Which Were accustomed to bé thereon were destroyed, and the Waters of the stream became stagnant and impure, so that the plaintiff’s family became Unhealthy and sick and were püt to great expense of…

On the 30th of January, 1835, a public sale of sundry negroes, belonging to'the estate of C. and M. G. Sewell, was had under an order of the county court of Tipton, au-thorising and directing the administrator to make it, for cash in hand. The defendant was the highest and best bidder for four negroes, who were struck off to him by the auctioneer. One of them, named Lewis, was struck off at the price of ‡ 680.

By bill of sale, purporting to have been made on the 12th of March, 1832, George C. Simons conveyed two negroes to his brother, John Simons, to whom possession of them was then delivered. The latter sold and conveyed them, by bill of sale, dated October 22, 1833, to Ezekiel Thomas, to whom the possession was likewise delivered.

Estes and another executed their bill single to. Kyle on the 12th of November, 1817, 'for fourteen hundred and sixty-four dollars and seventy-nine cents, payable twelve months after date. On the 27th of September, 1819, in the superior court of Pittsylvania county, Virginia, Kyle recovered judgment thereon, against the obligors for the amount thereof, interest and costs.

North Carolina granted to Edward Sharp 5000 acres of land, tbe south east corner of which was a white oak, birch, and crab-apple. There was also granted, by patent S3, to Anthony Sharp, 3500 acres, the beginning corner of which was the same trees, and which called for running thence east ISO chains, to two swamp white oaks, thence north 194J chains to a stake, thence west ISO chains to a stake, thence south to the beginning.

Jphn Mclver gold to James McCampbell, on the 3 4th of August, 1826, four hundred and sixty-four acres of land, and to secure the purchase money, McCampbell executed his three several bills single, each for $773 33 1 — 3 cents, payable on the 7th of September, in the years 1827, 1828, and 1829.

The engineers of the hoard of internal improvements, of the United States, for the improvement of the Tennessee fiver, from Florence to Waterloo, projected certain improvements, which were approved by the President, on the 8th April, 183 L, consisting, 1. of excavations of the several channels, by dragging and blasting; and 2, of walls and wing-dams, designated in the engineer’s survey, location and distribution of the work for contract, as sections 1, 2, 3, and 4, embracing…

Cozart loaned to Lisle, to be used in a specified journey, without hire, a mare, which died immediately after being returned to him, of a sickness contracted in the journey. On the 9th of March,, 1835, he sued Lisle in the circuit court pf Carrollin trespass on the case, to recover the value of the mare.

This was. an action by the indorsee against the indorser of a negotiable bill single, which had been executed by one Harper for goods purchased of John Williams, the beneficiary in the suit, and indorsed by Marsh, the payee, as accommodation indorser for Harper. The debate was as to the sufficiency of the notice of the protest for non-payment, to which point, the record, among others not necessary to the 'question, presented the following facts.

Alfred Hunter, in his life time, was indebted by bills single to Greenway, in the sum of four hundred and thirty-one dollars, sixty-four and a half cents. Hunter died, and administration of his estate was granted by the county court of Green to Elizabeth Hunter, the defendant, on-the 28th of October, 1833. On the 26th of March, 1836, Greenway sued the administratix in debt on said bills, in the circuit court of Hawkins.

This action of trover for a horse was tried at the July term, 1837, of the circuit court of Green, before his Honor Judge Powell of the first circuit. The facts submitted, and the instruction given by the court to the jury are stated in the opinion of the court with sufficient fullness.

This was an action of covenant founded upon the instrument copied in the opinion of the court. It stood upon a demurrer to the plea filed by the defendant to the declaration. The demurrer was sustained by Judge Powell, of the first circuit, at January special term, 1837, of Green circuit court, and a writ of inquiry awarded, which was executed at March Term, 1837. The defendant appealed in error.

Charles and Solomon Reed, on the 15th of April, 1820, executed their bill single to Joseph Hurley, of whom the defendants in error were administrators, for the payment, three days after the date, of seventy dollars and seventy-five cents for value received. The defendants in error sued Solomon Reed upon this hill in Greene circuit court, on the 29th of August, 1836.

A bill of indictment was preferred by Beabson, attorney general for the first solicitorial district, to the grand jury of Johnson, against John L. Blevins and Armistead Blevins, for an assault and battery upon the body of William C. Blevins.

Dodge caused Brittain, a female, to be arrested on a justice’s warrant upon a charge of larceny. She was recognized to appear in the circuit court of Washington, at March term, 1835, to answer the accusation. There Dodge had a bill of indictment preferred to the grand jury, charging her with stealing and with receiving stolen goods; but the jury refused to find it, and she was discharged.

Samuel Smith, who had a considerable estate left him by his deceased father, which had come into the hands of his 'brother Henry Smith, was committed to the jail of Cocke county as a dangerous lunatic, according to the act of 1797, xj 41, § 2, by the order of three justices, on the 27th of .June, 1833, where he remained till the 26th of November following, being one hundred and fifty-four days. His board, washing, &c. during his confinement, amounted to $ 65 12J cents.

The matter of this record from the circuit court of Johnson, after the usual caption, is of the following purport, and stands in the following order. 1. A memorandum of the grand jury’s returning into court a bill of indictment against Michael McCann, the defendant in error, and James McCann for obstructing a public road. 2.

An indictment had been found in the county court of Greene against Samuel Barkley, for an assault and battery.

At November session of the county court of Sullivan, 1835, a paper purporting to be the last will and testament of Andrew Crockett was produced for probate by the executrix. It was contested, and an issue devisavit vel non was made up, and a transcript of the record and the original paper were certified into the circuit court of the county, for the trial of the issue there.

The record shows that on Thursday, the 8th of August, 1837, the grand jury of Sullivan came into open court and demanded subpoenas for certain witnesses, among whom was David Shaver; that the subpoenas were ordered, issued, placed in the hands of the sheriff and returned executed on Shaver and others; that he and the others appeared in court were sworn and sent to the jury ‘Ho testify of their knowledge of unlaioful gaming done in Sullivan county in the last six months;”…

In 1782, North Carolina granted to Thomas Ramsay 500 acres of land, and in 1791, to Valentine Pope, 300 acres, in Sullivan county, which tracts were supposed, for a long time, to fie bounded, on one side, by a common line. Chil-dress, thinking that he had discovered a parcel of land lying between them, not covered by either, made an entry of twenty-two acres of it, on the 4th of March, 1826, as vacant and unappropriated.

The grand jury, at May term, 1838, of tbe circuit court of Grainger, indicted James Beets, George Beets and David Reed of murder in the first degree, committed upon the body of Samuel Rayle, on tbe 20th of January, 1S38.— Two of the defendants, Joseph and George Beets, pleaded net guilty and were put upon trial on the ISth and 19th of May, 1838, before Andeeson, Judge of the 12th circuit and a jury of Grainger.

The defendant was indicted at February term, 1838, of the circuit court of Knox, of larceny in stealing bank notes.

The grand jury of Campbell, at June term of the circuit court, 1837, presented the defendant for an affray. The presentment was signed by all of the jury, but the fact of its being made was not noticed on the record. The defendant appeared at February term, 1838, and pleaded not guilty, and being put upon trial was found guilty.

On the 8th of January, 1825, Abraham Vernon of Hawkins, who appears to have been childless, made and published his‘last will and testament, of which he appointed Rebecca, his wife, sole executrix.

At October term, 1836, of Roane circuit court, the grand jury indicted the plaintiff in error, a free man of color, of petit larceny. The chattel — a meal bag — charged to have been stolen, was found in his possession, and on being accused of the theft, he said it had been given to him by Peter, a free man of color, who lived near Kingston, and to whom he had taken meal.

The plaintiff in error, Samuel McBee, entered into a recognizance before a justice of Claiborne, on the 26th of July, 1S3G, (or the appearance of one Pleasant McBee, in the circuit court of that county, on Tuesday after the fourth Monday of August thereafter, to answer a charge of forgery.

Kirkpatrick was brought before a justice of the peace for Blount county, on the 31st of January, 1838, upon a charge of bastardy. He there entered into bond with sureties for his appearance in the circuit court of that county on the first, .after the fourth, Monday of May, 1838, to answer the charge. He appeared and entered into the usual bond to indemnify the county, and to abide by and perform any order the court might make for the support and maintenance of the child.

Crocker was indicted by the grand jury of McMinn, at April term, 1837, of the circuit court of that county, for a perjury assigned to have been committed in giving testimony before the same grand jury, at the same term, upon a bill of indictment, preferred against Hiram K. Tut-k, charging him-with an assault and battery upon Crocker, with intent to com-' mit murder in the first degree.

William Neilson died many years ago, seized and possessed of a considerable real and personal estate. He left three infant children, bis heirs at law, of whom Catherine Jane, the petitioner was one. In November, 1825, she intermarried with Joseph 8. Churn, of Jefferson county, by whom she had several children.

On the 13th of March, 1793, James Allison, by deed of bargain and sale, conveyed to John Johnson a tract of land, by metes and bounds, containing 300 acres, situate in Washington county, Tennessee. In this deed he covenanted for himself and his heirs with Johnson and his assigns to warrant and forever defend the land to Johnson and his heirs and assigns against all persons whatsoever.

Gideon Morgan, Sen., of Kingston, by his will made and published on the 8th of May, 1828, gave a large and valuable portion of his real, and all his personal estate, including his slaves to his wife, Elizabeth.

On the 15th of June, 1835, Samuel Todd of Knox county, made and published his last will and testament, of which he made Eli King and Charles B. Hodges executors.

Clements, who was a machinist, sold to Donelson a spinning machine for one hundred dollars, for which Donelson executed his bill single, dated September 18, 1831, payable on or before the first of June, 1833. The machine proved to be nearly useless, and on being informed of the fact, he acknowledged that he had sold it for a good one, and said that he would make it good.

Harris had prepared certain timbers with which he intended to build a mill on his own spring branch. Miller and one Hayter, having entered into a partnership to erect a mill upon the same watercourse just below the boundary of Harris’ land, proposed to purchase the timbers and also the right to back the water upon his land.

Henry Wiley executed his bill single to the defendants in error on the 14th of April, Í831, for twelve hundred and fifty-three dollars and seventeen cents, payable four months after date, in the branch of the Bank of the United States at Nashville. He died soon afterwards, and administration of his estate was granted to the plaintiff in error by the county court of Warren, on the 4th of July, 1831.

John Burris, jr. being indebted on account to Settle, Whitley and Smith, merchants and partners in trade, in the sum of two hundred and five dollars, thirty seven and a half cents, to secure the payment thereof, executed three several prom-isory notes with the complainant’s intestate, William Locke, as surety, dated December 21, 1822, payable one day after date. Besides those notes he owed the defendants several other sums of money.

The pleadings in this cause consisted of a bill filed in the Chancery court at Carthage, on the 16th of April, 1835, by Samuel Caplinger, against John T. Stokes and Spencer Kelly, and a cross-bill, filed in the same court, on the' 24th of May, 1837, by Stokes against Caplinger, and the answers, &c. And from these pleadings and the proof, the following facts appear.

Thomas Meadows filed his bill in the circuit court of Warren, on the 25th of July, 1833, and his supplemental bill on the 29th of January, 1834, which, on the 1st of July, 1836, were transferred to the chancery court at McMinn-ville, against Thomas Hopkins, to enjoin the collection of two judgments, amounting together to $356, which Hopkins had recovered against him in the county court of Warren.

By deed of bargain and sale with covenant of general warranty, dated May 14, 1828, Sampson Williams conveyed to Edward Hogan, of whom the defendants in error are heirs at law and devisees, 590 acres of land, which was then in, the adverse possession of Lee Sadler, and others. Hogan died on the 20th of the same May.

The grand jury of Hickman, at June term, of the circuit kiourt, presented — “That the defendant, on the lbthof June, 1S37, and on divers days, before and since, in the county aforesaid, with force and arms, was openly, publicly and notoriously drunk, to his great degradation and scandal, and to the evil example of all others,” &c. On the trial, it was proved on behalf of the state, “that the defendant was openly, and publicly, and notoriously drunk, on the day charged in the…

On the 5th of April,'1838, the grand jury of the corporation of Murfreesboro’, presented, that the defendant, “on the first day of March, 1838, with force and arms, iti the corporation aforesaid, unlawfully did encourage and promote a certain unlawful game of hazard at cards, for money and valuable bank notes, and then and there, with force and arms unlawfully did play for and bet money and valuable bank notes, at said unlawful game of hazard at cards, contrary to the form…

The plaintiff in error and another were indicted in the circuit court of Hickman, at July term, 1838, for open and notorious letodness. A capias was issued for the defendants, and being in custody thereupon, they were put to the bar for trial, on the 11th' of July, before his Honor Judge Dilla-jiünty. The plaintiff in error moved, upon affidavit, for a continuance of his cause.

The plaintiff in error having been a customer of the Bank of the State of Tennessee, his account remained open and unsettled from its commencement, about the 27th of November, 1824, till the 18th of July, 1829, the day of the last entry therein.

The State of North Carolina, by patent, 235, dated June 27, 1793, granted to John Gray Blount and Thomas Blount, 5000 acres of laud, “on both sides of the two main forks of Duck river — beginning… Held: must “purport to convey an estate in fee simple, to the land specified and described in such grant, devise, deed, or other assurance” — that is, to the identical land covered by the particular muniment under which the possession is held.

The fifteenth of the fundamental articles oí the Union Bank of Tennessee provides as follows — “The said Corporation shall not at any time suspend or refuse payment of any of the notes, bills, or obligations thereof; nor of any money received upon deposit in said hank, when demanded by the holder or depositor, at the place where the same is made payable, in gold or silver; and in case of such refusal, the holder of such note, bill or obligation, or the person or persons…

A state’s warrant was issued by Isaac Dennison, a justice of the peace for Montgomery county, on the 22d of February, 1836, against Thomas Cherry, upon a charge of fraudulently having and keeping in his possession certain counterfeit coins.

On the 8th of February, 1838, the Grand Jury of David At May term of the Court, the defendant appeared and pleaded not guilty, and issue was thereupon joined, and he was put upon trial.

Edward Lanier having had a running accommodation in the Nashville Bank and Farmers’ and Mechanics Bank of Nashville, and given his bills single, or notes endorsed by Felix Grundy and Oliver B. Hays, or one of them, to secure said loans; and having also giveti other notes or bills single, endorsed by them or one of them, payable in some one of the Banks of Nashville; and wishing to continue their endorsements, in order to secure them for past as well as future endorsements,…

Howerton was indicted by the Grand Jury of Cannon-county, on the 23d of March, 1838, for horse stealing. He' pleaded not guilty, and was immediately put upon trial, but the jury were unable to agree, and a mistrial was entered. — • At May Term, Í838, he was tried and found guilty.

On the 18th of December, 1837, the Grand Jury of Bed-ford county, indicted the defendant for murder, committed on the body of Mary, his wife, by feloniously, wilfully, and of his malice aforethought, shooting her with a pistol, charged with powder and a leaden bullet, on the 16th of December, 1837, thereby giving her a mortal wound, whereof she languished until the 17th of December, and then died.

About the 24th of April, 1837, Gambling sold Read, Hannah, a female slave for $1200, made him a bill of sale of her, and delivered her into his possession. For 800 dollars of the purchase money, Read gave Gambling his note payable on the 1st of July, 1837, and to secure its payment gave him a bill of sale of another négro woman Dilcey and her child, Henry, conditioned that if Read paid the 800 dollars when due, the bill bf sale should be void.

John, Augustine, and George T. Weedon were then only children of George Weedon of Culpepper county, Virginia, who died there many years ago. Before his death, John had settled in Montgomery county, Ky., and till that event, Augustine, and George T., the latter of whom was idiotic from nativity, resided with him.

Thomas Royster of Goochland, Virginia, died in the year 1807, seized and possessed of a tract of land there containing 383 acres, and of divers slaves and other personalty. De-left a widow and eight children. He made a will which was. dated the 14th of May, 1807, and admitted to probate in.

Isaac Lindsey sold to Robert Harper a parcel of land, and gave him a memorandum of the contract, of the following tenor: “Received of Robert Harper one thousand dollars in full, for one hundred and twenty-seven and half acres of land, off the west end of my tract, on which I now live, adjoining the said Harper and John P. Wagner. ’Tisalso understood that said Harper comes to the Madisonville road, and from thence with the direction of my cotton patch fence to the mouth of…

William Turner, a hatter of Gallatin, became indebted for-materials in bis business and other merchandise, to J. R. A. Tompkins in about the sum of $323 31 cents; to Patterson and Tompkins in the sum of 100 dollars; to Daniel McAuly in the sum of 146 dollars; to D. & A. McAuly in the sum of 629 dollars 14 cents; to B. & J. H. Peyton in the sum of 447 dollars; and to James Peacock of Nashville, for materials in his business exclusively, in the sum of 1072 dollars and 8 cents.

The grand jury of Maury county indicted the defendant oni the 8th of January, 1838, upon the act of 1831, c 102, for this, that being a free person of color, emancipated agreeably to the laws, now and heretofore in force and use in the State' of Kentucky, one of the United States, he did, after the passing of the act of 1831, feloniously and unlawfully remove himself to this State, to wit, to the county of Maury, to reside therein, and did remain therein 20 days, and still…

John Dodd, of the parish of Iberville,- Louisiana, had’ five children, a son, William, and four daughters, Elizabeth, Sally, Letitia and Tamsey. The last intermarried first with fine William- Salsbury, by whom she had a son, William. On the death of Salsbury, her husband, she intermarried in March, 1810, with Edwin Smith, by whom she had twef daughters, Zilla Willson, born before the marriage, but re-cognised by Smith as his child, and Sally Argadine, born afterwards.

In consideration of military services performed by Cornelius Drake, the State of North Carolina issued to him warrant, No. 404, for 571 acres of land, dated the Hth of September, 1784.

William Wendle, on the 22d of July, 1833, by indent ture conveyed, seven acres and sixty-five square poles land in the vicinity of ,Nashville, to George M. D. Cantrell,, for a nominal consideration paid by Cantrell, and for leva and affection, to Mrs, Juliet A. D. Cantrell, his sister, and, the mother of G. M. D. Cantrell, in trust for the separate, and exclusive use of Mrs. Cantrell during her natural life and no longer.

About the year 1822, James M. Banks intermarried with Louisiana D. Cash. In October of that year, her father gave her several negroes, and at bis death, a tract of land, in Williamson county, of 512 acres descended from him to her and her- brother. Banks purchased from her brother his interest in the landj and added to it 80.0 or 90Q acres more. About the last of June, 1835, Banks died, seized and possessed of this and other property.

The State of North Carolina, by patent, No. 855, granted to William Branch a tract of 5000 acres of land, situated in Bedford county. At his death, it descended to bis heir at law, John Branch. At October term, 1794, of the court of pleas and quarter sessions, for Halifax county, North Carolina, Edward Crowell recovered a judgment against the administrator of William Branch for 500 pounds North Carolina currency.

About three weeks before the Nashville races in the fall of 1337, Samuel Wilson made a bet of $100 with John Carson upon a race to be run by certain horses. On the day of the race, Thomas Davis and Henry T. Gray agreed to become jointly and equally interested in the bet; and each of them placed in his hands $ 33 33£ as their shares of it; whereupon he deposited $100 in the hands of Samuel D. Wilson as stakeholder.

About the 1st of January, 1837, the plaintiff, Franklin-Hardeman, rented thirty acres of cleared land to Isaac Potete,, at two dollars per acre, to be paid on the 1st of January,, 1838. Potete planted the land in corn, of which he made a crop of seventy barrels, and died intestate and insolvent in the fall of 1837. Administration on his estate was granted,, by the county court of Williamson, to the defendant, William J. Shumate, on the first Monday of November, 1837.

The plaintiffs, Samuel Kercheval, Richard G. Scoggin and Andrew H. Ballantine, merchants of Pulaski, and partners under the name of Kercheval, Scoggin & Co., on the 2d of August, 183 L, recovered a judgment for $4409 50 cents in the cicuit court of Giles against Lewis H. Brown as principal, and Robert B. Harney and John Hawkins, his sureties in an appeal in the cause from the county court.

The annexed diagram is a connected representation of six tracts of land of 5000 acres each, granted by the State of North Carolina to the persons whose names are inscribed in them respectively. They lie in Ciles county, on Richland creek. The controversy in this case arose in reference to the southern boundary of the tract granted to Doherty, and the northern boundary of that granted to Charles Polk. The' grants for both tracts were issued on the 10th of July, 1788.

By a private act passed by the Legislature of Tennessee on the 15th of November, 1831, entitled — “An act to authorise a Lottery for the continuation of Union Street, in the city of Nashville,” the Mayor of the city, Robert Woods, John P. Erwin, Henry R. Cartmell and John M. Bass, were appointed trustees, with full power and authority to manage and superintend the drawing of a Lottery, for the purpose of raising a sum of money not exceeding seventeen thousand dollars, to he…

In the year 1814, William McKisick was married to Rebecca Sallard, the daughter of Charles Sallard, of Person county, North Carolina. Held: whether as a trustee or not, but rather the contrary, as the bill alledges, that Sam remained in the possession and use of the defendant. The acquisition of property, by the statute of limitations, is quite a different thing from a gift or purchase.

The state of North Carolina, by patent, No. 380, dated July 26, 1793, granted to Euphemia Parnell, six hundred and forty acres of land on Cumberland river, opposite Nashville, The grantee was at the date of the patent, quite young, and soon afterwards removed from Nashville to Wythe county, Virginia, in company with her mother, upon whose pre-emption right the grant was founded. In Wythe, Euphemia intermarried with Hugh Montgomery.

On the 21st of August, 1833, Joel Lane made a bill of sale of a slave named Ned to Achilles A. Dickerson, the execution of which having been duly acknowledged, it was registered. Afterwards Lane filed a bill in the chancery court against Dickerson, charging that this sale, though evidenced by an absolute bill of sale, was in fact conditional, and that the negro had been delivered to Dickerson as a security, for a sum of money loaned him by Dickerson.

On the 30th of March, 1833, William P. Campbell and George W. Richardson, of Franklin county, executed their note to Johnson and Rayburn, Merchants of Nashville, for five hundred and ninety-seven dollars, seven cents, payable one day after date. On the 19th of July afterwards, Johnson and Rayburn sued them on this note in the county court of Franklin, and at November session, 1833, recovered judgment.

<p>On the 30th of March, 1833, William P. Campbell and George W. Richardson, of Franklin county, executed their note to Johnson and Rayburn, Merchants of Nashville, for five hundred and ninety-seven dollars, seven cents, payable one day after date. On the 19th of July afterwards, Johnson and Rayburn sued them on this note in the county court of Franklin, and at November session, 1833, recovered judgment. The defendants appealed to the circuit court, and gave Stewart Cowan as surety for the appeal. At January Term, 1834, of the circuit court, the judgment of the county court was affirmed, and judgment rendered against Campbell, Richardson and Cowan for the amount of the judgment of the county court, and twelve and a half per cent, per annum damages. From this judgment Campbell, Richardson and Cow-an appealed in error to the supreme court at Sparta, and they all joined as principals in an appeal bond with Joseph Duncan as their surety. At August Term, 1835, of the supreme court, the judgment of the circuit court was affirmed, and judgment was pronounced that the plaintiffs “recover against the said William P. Campbell, George W. Richardson and Stewart Cowan, the surety for the prosecution of the appeal from Franklin county court to Franklin circuit court, aud who joined in the writ of error to this court, the plaintiffs in error, and Joseph Duncan, their surety for the prosecution of the writ of error to this court, the sum of,” &c.</p> <p>Aji.fa. to have execution of this judgment was issued to the sheriff of Franklin, who, on the 23d of February, 1836, thereupon sold 250 acres of land, as the property of Cowan, for 750 dollars, and returned the execution to the clerk’s office of the supreme court.</p> <p>On the 30th of May, 1838, Cowan, upon a copy of the foregoing proceedings, moved in the circuit court of Coffee, before Judge Makchbanks, for judgment against Duncan for his ratable proportion of the above recited judgment of the supreme court, “in favor of Johnson & Rayburn against Richardson and Campbell, and the said Cowan and Duncan as their sureties.”</p> <p>His Honor refused the motion, and Cowan appealed in error to this court.</p> <p>Taul, in support of the motion, said, the ground upon which it was overruled was, that Cowan had joined Campbell and Richaidson in their appeal to the supreme court, and that consequently Duncan was surety for him, as well as for Richardson and Campbell.</p> <p>The record of the entry praying the appeal, from the circuit to the supreme court, states, that the appeal was prayed by the defendants.” The appeal bond recites that R. & C. and Cowan, prayed for and obtained the appeal.</p> <p>The plaintiff contends that he and the defendant were co-sureties for R. & C., and as he paid the whole amount of the judgment, that he ought to have a judgment over against Duncan for a moiety thereof.</p> <p>said, the motion must be founded upon the acts of 1801, c 15, § 1 and 2, and 1809, c 69, § 2 and 3; and the demand of the plaintiff to a recovery on motion, or in any other way, does not come within the provisions of these acts. Duncan was not the co-surety of Cowan for Campbell and Richardson, but he was the surety for Cowan, and Campbell and Richardson, who all jointly appealed from the judgment of Franklin circuit court, when Duncan became their surety. There is no law by which he can be bound to contribute a rateable part of what Cowan has paid. To give Cowan recourse over upon Duncan in this motion, or in any other way, would be allowing a principal to call upon his own surety to contribute to the payment of the principal’s liability. In the appeal bond to the supreme court, the first and only obligation Duncan entered into, Cowan, as well as Campbell and Richardson, was a principal; and if he, after paying the debt or judgment, can go back upon Duncan, under the acts of Assembly, for any part of the money, so can Richardson or Campbell, if they have paid it. Duncan is as much the surety of Cow* an as he is of Campbell and Richardson. If this is true, the judgment of the circuit court, refusing the motion of Cowan must be affirmed.</p>

On the 26th of December, 1836, William P. Horn was arrested on a charge of unlawful and malicious stabbing, and brought before Mr. Justice Samuel Farris, of Giles, for examination. The justice being of opinion that Horn was guilty of the charge, and not knowing whether the offence was bailable or not, therefore, committed him to the jail of the county to await his trial.

The defendant was sued before a justice of Giles upon the following warrant: “State op Tennessee: Giles county. To any lawful officer of said county to execute and return. You are hereby commanded to summon Osborne It.

Ejectment for eight acres of land in the vicinity of Winchester. The action was commenced in Franklin circuit court on the 12th of Januarj, 1832. The demise was in the name of Thomas Miller, and notice of the action was served on Wallace Estill and Thomas Logan, who were admitted at July Term, 1832, to defend instead of the casual ejector, upon the common rule.

Ejectment in Franklin circuit court for three hundred and twenty acres of land on Bean’s creek in that county. Archibald Woods being seized and possessed of the premises, by indenture executed on the 2d of October, 1817, “in consideration of consanguinity, natural love and affection and one dollar to him in hand paid by Garland B. Miller and Mourning Miller his wife,” conveyed said premises to them in fee, they being his daughter and son-in-law.

The pleadings in this cause consisted of a bill filed by John Rice in the chancery court at McMinnville, on the 28tb of April, 1834, and subsequently amended, against Daniel R. Rawlings and John Rogers, administrators of Alexander Ferguson, and tbeir answers thereto; and of a cross bill filed by them against Rice at December Term, 1834, and his answer to it.

In an action on the case, commenced on the 11th of April, 1836, in Maury circuit court, by Peyton H. Skipwith, against James Walker, the plaintiff, declared that whereas the defendant, on the day of February, 1835, was, and long before had, and since hath been, a common carrier of goods, chattels, persons and baggage, by a certain common stage coach or carriage, going and passing from the city of Nashville to the town of Columbia; and by himself and servants, hath been used…

W. H. Sneed, on the 2d of June, 1837, executed bis bill single for one hundred and fifteen dollars, payable to C. G. Mitchell, or order, on or before the first day of April, with interest from the first of January, 1838. Mitchell, the payee, endorsed it on the 12th of April, 1S38, to D. Mitchell, waving demand and notice; and on the next day, D. Mitchell endorsed it, in like manner, to Alfred Miller.

On the 10th of September, 1825, John L. Wood borrowed the sum of four hundred dollars from Benjamin M. Jones; and to secure the payment of the money executed to him a mortgage of a slave named Anderson, conditioned to be absolute if the money, with legal interest thereon, remained unpaid on the 1st of September, 1826. The contingency happened, and Wood very soon afterwards removed to Arkansas and subsequently to Texas.

The record in this- case consisted alone of the following entry upon the minutes of the chancery court at Columbia, at September term, 1837. “September 22d,, 1837. Syhumus E. Benson, Samuel Hunt, and John Patterson vs. Jfimrod Porter.

On the 10th of July, 1788, the state of North Carolina, by patent, No. 71, granted to Robert and Thomas King, 2500 acres of land, “at a place known by the name of The Banks, on both sides of the path that leads from the mouth of Holston to the ford of Wolf river.” There was also granted by patent, No. 484, dated July 29, 1793, to John Blair, a tract of 500 acres, on the main fork of Wolf river; and to Catherine Blair, by patent, No, 160, dated December 26, 1793, a tract of…

On the 27th of February, 1835, James Elliott executed to Jahn Ray, his bill single at thirteen months after date, for 1850 dollars, — and his promissory note at twelve months for 2000 dollars. These Ray assigned by endorsement to John A Partlow on the 2nd of March afterwards. On the 20th of April, 1837, Partlow brought debt against Elliott in Wayne circuit court; and declared in one count upon the bill, and in a second upon the promissory note.

The complainant, Polly Dearin, wife of John Dearin, with whom she intermarried in 1801, was the daughter of John Wilks who died in 1829, leaving a widow and children and grand children. Before his death he had made his will, in which were the following clauses. “I leave unto mv beloved wife all iny property of every name and grade during her natural life.

Yourie sued Childress on the 9th of February, 1838, in the circuit court of Rutherford in case, and declared, that whereas the said James Yourie, heretofore, to wit, on the 8th day of January, 1838, at the county aforesaid, was the lawful owner, and in possession of a certain bay horse, of great value, to wit, of the value of one hundred and twenty-five dollars, which said horse, together with five other horses, also the property of the said James Yourie, was then and there…

Ejectment for 389 acres of land in the vicinity of Mur-freesborough. The action was commenced on the 16th of April, 1831. The notice was served on Samuel Anderson, Robert Jetton, Willie Patrick and Joseph Newman. At October Term, 1831, Frank N. W. Burton was admitted to defend jointly with Anderson, Jetton and Newman, and Burton and David Wendell jointly with Patrick, instead of the casual ejector, upon entering into the common rule.

This was an action of trespass brought in Rutherford circuit court, on the 5th of June, 1838, by Stewart, a man of color, against Isaac Miller and Josephus Moore.- The declaration contained three counts; the first, a count for an aggravated assault and battery, and false imprisonment; the second, for a common assault and battery and false imprisonment; the third, for a common assault and battery.

This was an action of trespass commenced in Warren circuit court, by Matthews against Mosely, on the 13th of July, 1831. The declaration, which was entitled as of January Term, 1832, charged an assault and battery, committed by shooting with a pistol. At the same term, the defendant pleaded not guilty, upon which plea issue was joined.

Trover in Wilson circuit court by Daniel Richmond against James Thomas for a horse and mare. The action was commenced on the 29th of August, 1836. At November term, the death of Thomas was suggested, and a scire facias awarded to revive the suit against John Crudup bis administrator, to whom the sci. fa. was made known on the 7th of February, 1837; and the cause was tried before his Honor Judge Dillahunty and a jury of Wilson at June term, 1838.

In order to prevent the depreciation of the Nashville Bank paper, the Legislature, by the act of 1826, c 41, provided fhát the notes of that institution and its branches should be received at par from the purchasers of Hiwassee, academy and college lands, — and in payment of one half of all loans and calls upon loans made by the Bank of the State of Tennessee.

On the 25th of January, 1800, Daniel Elam, the ancestor of the parties, entered into a written contract with James Mc-Henry, then Secretary of War, for the purpose of furnishing rations or supplies for the troops of the U. S. in the state of Georgia; and on the same day he gave his bond, with two sureties, in the penalty of $10,000, conditioned for the performance of all the duties required in the contract, — and to account to the United States for all sums of money advanced…

The Mayor and Aldermen of Nashville having entered into a contract with Samuel Stacker for supplying the town with water, which was only partially executed by him, on the 21st of January, 1826, made a contract with Daniel Avery and William L. Ward, to complete the construction of the works begun by Stacker.

About the 6th of July, 1819, John Brooks sold to James G. Hicks 320 acres of land in Robertson county. Hicks executed four notes to Brooks for the purchase money, two of them for 500 dollars each, payable on the 1st of January, and 1st of May, 1820, — the other two for 1000 dollars each payable on the 1st of January, 1821 and 1822.

Ejectment for 345 acres of land on Dyer’s creek in Stewart county, commenced on the 21st of June, 1836, Stewart circutit court on the demise of Richard, Jonathan, George and William G. Cooley, William H. Haggard and Rebecca his wife, Joseph Webster and Elizabeth his wife and Isaac Piles and Ann his wife, heirs at law of William M. Cooley deceased, against Solomon R. Valentine.

Susan Thompson, widow of .Jason Thompson, and Ira C.. Kneeland, her son by a former marriage, are the complainants. - The complainant, Susan, was the daughter of Arthur and Susan Cobb, who, in her infancy, resided near Natchez, and afterwards in the parish of West Feliciana, in the state of Louisiana, where they died.

Doctor Asahel Brunson of Montgomery county was seized and possessed of a large real and personal estate. He fiad four sons, Jesse A., Robert, Ashbell and Asahel, to whom he made, from time to time, considerable advancements. As-ahel, the last mentioned, died leaving three children, Joseph, Penelope and Asahel.