Volume 24 — Tennessee Reports

Kinchelow was indicted in the Circuit Court of Washington county, for stealing a bag of flour. At the March term, 1844, Luckey being the presiding Judge, a jury was empanneled to try the case. The attorney for the State introduced Pursell as a witness. Pursell was brought from jail, being confined on a charge of larceny. The Attorney General informed the witness that no steps would be taken against him for his participation in the acts he was about to relate.

Margaret Morgan instituted this action of detinue, for slaves, in the Circuit Court of Monroe county, against John McGhee. McGhee pleaded that plaintiff was the wife of Gideon Morgan, and being a feme covert, had no right to sue. Issue was taken on this plea, and the case was tried by Judge R. M. Anderson, and a jury of.Monxoe county, at the September term, 1844.

Crutchfield, the defendant in the Circuit Court, applied for and obtained a writ of supersedeas to stop the enforcement of a judgment against him in the Circuit Court of McMinn county, alledging that he had paid the judgment to the clerk, and taken his receipt in evidence thereof.

Samuel Kibler, as surviving partner of Samuel and Joseph Kibler, sued Gilman in assumpsit in the Circuit Court of Washington county. The defendant pleaded ?ion assumpsit and non est factum, and issues were formed on these pleas. The case was tried at the October term, 1843, by Judge R. M. Anderson and a jury. A verdict and judgment were rendered in favor of the plaintiff, from which the defendant appealed.

These bills were filed in the Chancery Court at Jones-borough. One was filed by Eliza R. Chester, the widow of Samuel G. Chester, dec’d, and by his heirs, against Hartsell and Greer, the beneficiaries in a deed of trust executed by the deceased on all his real and personal estate, and against Sparks, the trustee.

This bill was tried by Chancellor Williams, on bill and answer, at the April term, 1844, of the Chancery Court at Knoxville. He dismissed the bill, and complainant appealed. . He cited 13 Peters’s Rep. 585; 2 Kent, 305: 8 Peters’s Rep. 281; 1 Blackstone, 4S4; Ang. & Am. 513; 2 Story’s Eq. 236; 4 J. C. R. 497; 5 Cond. Rep. 371.'

Graham was indicted in the Circuit Court of Jefferson county.

This is an action of ejectment instituted in the Circuit Court of Polk, by Williams against Davis, tenant in possession.of land claimed by Wiggins. Wiggins was made a party. It came on to be tried, on the plea of not guilty, at the October term, 1843, and was tried by Judge Keith and a jury.

This suit by scire facias was tried before Judge R. M. Anderson, at the July term, 1843, at the Circuit Court of Cocke county, and a verdict and judgment rendered for the plaintiffs. The defendant appealed.

White recovered judgment against Smith before a Justice of the Peace of Claiborne. Smith prayed an appeal, which was granted on condition that bond was.given. No bond was given within two days after the rendition of the judgment, in consequence of a remark of the Justice, that bond could be given at some future day. The'Justice subsequently refused to take the bond or grant the appeal. Smith obtained a writ of certiorari, which at a subsequent period was on motion dismissed.

Catharine-Hunter, thp widow of Thomas Hunter deceased, filed this bill in the ' Chancery Court of Greenville, in 1843, against Mary Bryan and others, the heirs of John Hunter, and also against the heirs of her deceased, husband, to have dower decreed her.

This bill was filed by Sweat and others, judgment creditors of William Henson, in the Chancery Court at Pikeville, against William and John Henson, to obtain a decree for a sale of 500 acres of land, lying in Bledsoe county, for the satisfaction of their judgments. William and John Henson purchased the land jointly, and a bond was taken for title to them jointly, and they took possession.

This bill was filed by Galbrath against Findley and Martin to enjoin a judgment obtained by Findley against complainant. Martin executed a note to Galbrath for $100, Galbrath endorsed it to Findley, and Findley endorsed it to the State Bank at Rogersville. The bank discounted it, and the proceeds of the note, as by previous agreement, was divided between Findley and Martin.

The Bank of Tennessee recovered a judgment against Han-sard, Hodges and Garrett, in the Circuit Court of Claiborne county. Fi. fa. issued, which was superseded by order from Judge Anderson, on the petition of defendants, and jury was empannelled to try the questions involved.

This indictment was returned against Woodson by the grand jury of Claiborne county. The defendant demurred, and the demurrer was sustained by the presiding Judge, R. M. Anderson, and the Attorney for the State appealed.

This was an action of trover by Pollard against Thomason, Sheriff of Grainger county, for the seizure and sale of a horse by fi. fa. against said Pollard. The declaration did not aver that plaintiff was the head of a family. The defendant pleaded not guilty, and at the trial it appeared that Pollard had but one horse, and no mule or yoke of oxen; that he was engaged in agriculture, and was the head of a family, and that the horse was worth $30.

<p>1. A bond given to an officer to procure him to do an illegal act, and to indemnify him against the consequences thereof, is'void if its illegality were unknown to the officer at the time of the execution of said bond: secus if it were known*</p> <p>2. A bond given to an officer after the commission of a misdemeanor to indemnify him against the consequences thereof, is valid.</p>

Crosswhite sued Smith in the Circuit Court of Campbell county, by action on the case upon an award. The defendant pleaded: 1st. That he did not submit the matter in controversy as averred in the plaintiff’s- declaration. 2nd. That there never had been any full, final and legal award of the matter in suit between the parties.

This is a writ of scire facias, which was issued from the Circuit Court Clerk’s office of Jefferson county, by Zimmerman against Mosier, to render Mosier responsible in his own right for the amount of a judgment which Zimmerman recovered against him for the sum $334 25, as administrator of Crouch, deceased. The defendant pleaded two pleas: 1st. That he had not wasted- the estate. 2nd.

This bill was filed in tbe Chancery Court at Jonesborough, by Williams and Hendricks against Tipton and Johnson, and was tried on bill, answer, replication and proof at the November term, 1843, by Chancellor Ridley. He being of the opinion that plain tiffs were not entitled to the relief prayed dismissed the bill but without prejudice. The complainants appealed.

The defendant was indicted in the Circuit Court of Grainger county, for receiving stolen goods, knowing them to have been stolen. He was found guilty, and a motion in arrest of judgment was made, on the ground that the indictment did not charge that he received the goods with the intent to deprive the owner of them. This motion was overruled and defendant sentenced to confinement in the penitentiary for one year, from which judgment he appealed.

Samuel Smith was the owner of three hundred and twenty-three acres of land lying in Bledsoe county. He made a will, in which he directed that this land, after his death, should be rented out till his three sons, John, William, and Evander, should arrive at twenty-one years of age, and that it should then be equally divided 'between them. He died in 1820, having appointed Samuel Terry his executor. Samuel Terry died, and Scot Terry became his executor.

Darter and Hale were the owners of adjoining tracts of land, in the county of Hawkins. A conflict arose between them in reference to the boundaries of their respective tracts. Darter claimed land in possession of Hale, and Hale insisting that the land was a part of his tract, Darter instituted an action of ejectment against Hale, in the Circuit Court of Hawkins.

The grand jury at the September term, 1843, of the Circuit Court for Claiborne county, indicted John Lamden for peijury.

This bill was filed by Wallen against Huff, in 1838, in the Chancery Court at Tazewell. The bill sets forth a mortgage of certain land, lying in Claiborne county, executed by Wallen to Huff, in 1826, to secure Huff in the payment of a sum of money advanced by Huff to complainant.

This is an appeal by defendant from a judgment of the Circuit Court of Jefferson county, convicting the defendant Ed-monds of having begotten a bastard child, and making an order on him for its maintenance.

Jane Carmichael filed this bill in the Chancery Court at Jonesborough, against D. Carmichael and Willliams, on the 10th October, .1842, for dower and damages. Archibald Carmichael died in 1819, seised and possessed of three hundred and thirty-six acres of land in Washington county, leaving the complainant his widow, and six children.

Barnard sued Young by warrant “in a plea of debt due by note for $15.” The Justice of the Peace gave judgment in favor of the plaintiff for the sum of $24. The defendant appealed. It was tried by Judge R. M. Anderson and a jury of Tazewell. The defendant gave evidence of a set-off, and the jury returned a verdict in favor of the defendant for the sum of $17 47£, in which verdict nothing was inserted as to the note sued on.

Philip Sword was indicted, under the act of 1842, ch. 141, and convicted in the Circuit Court of Knox county, for selling a quart of whisky to a slave without permission from the master. He was fined fifty dollars by Scott, the presiding Judge. He appealed.

This is an action on the case, instituted in the Circuit Court of Grainger county, by Hodges against Noe, for breach of contract in failing to deliver one hundred head of hogs. Plea, non-assumpsit. It was submitted to a jury at the August term, 1842, Luckey, Judge, presiding.

Helm instituted an action on the case against Rodgers, in the Circuit Court of Jefferson county, for slander.

Pulse was indicted in the Circuit Court of Jefferson county, for selling one quart of whisky to Wesley, a slave without the permission of the master of said slave. The case was tried at the April term, 1848, by Judge Robert M. Anderson, and a jury. It appeared that Pulse had sold a barrel of whisky to the slave without the consent of his master, and had employed an agent to deliver it to him. The whisky was, however intercepted before it was delivered.

<p>A joint action lies? by statute law, against surviving .obligor, and the personal representative of a deceased obligor, and it makes no difference whether the surviving obligor or some third person be the representative,</p>

This was an issue of devisavit vel non tried by Judge Cannon, and a jury of Hamilton county, at the March term of the Circuit Court in 1844.

Rose prosecuted Hodges by indictment, in the Circuit Court of Claiborne county, for a libel, which charged Rose with lying and perjury.

Hansard prosecuted Sawyers in the Circuit Court of Claiborne county, for a felonious assault. Sawyers was acquitted, and the defendant’s attorney moved the court, R. M. Anderson, Judge, presiding, to tax the prosecutor with the costs. This the court refused to do, but taxed him with the costs of three witnesses. The prosecutor appealed. The prosecutor is not a party.

Wade and wife instituted this action of ejectment in May, 1842, against Johnson, in the Circuit Court of Anderson county. The case was tried by Judge Cannon and a jury in 1844.

Stephen Haynes was indicted in the Circuit Court, held for the county of Knox, at the February term, 1843. The indictment charged him, 1st. With having worn a bowie knife concealed under his clothes; and 2dly. With having worn concealed under his clothes a knife in size resembling a bowie knife. He was tried by Judge Cannon and a jury of Knox county, at the June term, 1844.

This bill was filed by Kennedy, in' the Chancery Court at Cleaveland, against Wiggins, to vacate a grant which Wiggins had obtained from the State, for one hundred and sixty acres of land lying in the Ocoee District. It was heard on bill, answer, replication and proof, by Chancellor Williams, at the September term, 1842. He granted the relief prayed for, and a decree was entered accordingly, from which the defendant Wiggins appealed.

This case was tried by Chancellor Williams, on bill, answers, replications and proof, at the April term of the Chancery Court in Knox in 1843, and a decree rendered in favor of the complainant, from which the defendants appealed.

The following is the decree entered in ■ this case, which exhibits the grounds on which the Chancellor acted. “This cause coming on for trial at the March term, 1844, of the Chancery Court at Columbia,' before the Hon. Terry H. Cabal, bn bill, answer, replication and proof in the cause, and it appearing to the court, that on 'the — day of-, 184-, Robert Patterson obtained, in the Circuit Court of Maury county, two judgments against William Perry, Jun. for something above the…

Thompson was tried by Judge Dillahunty and a jury of Maury county, for the offence of retailing spirituous liquors to a slave, and convicted. He was ordered to be fined and imprisoned. He appealed.

This case was tried at the July term of the Circuit Court at Clarksville, in the year 1844, by Judge Martin and a jury. A verdict and judgment were rendered in favor of the plaintiff; from which the defendant appealed.

Jim, a slave, was indicted in the Circuit Court of Dekalb county, for the murder of Isaac, a slave. He was tried by Judge Caruthers and a jury of Dekalb, at the April term in 1843, and convicted. He appealed, and the judgment was reversed. See 4 Humphreys, 289. He was again tried, at the April term, 1844, by Judge Caruthers and a jury, and condemned to be executed. He appealed from this judgment

The grand jury of Montgomery county, at the November term, 1842, presented the corporation of the town of Clarksville.

Bill, a slave, was indicted in the Circuit Court for Lincoln county, for an assault with intent to commit a rape on Mary Smith, a free white woman. He was tried by Judge March-banks and a jury of Lincoln county, at the February term, 1844, and convicted and sentenced to be executed. From this judgment he appealed.

This is an action of covenant, which was instituted by the Governor against Upton Organ and others, his sureties, on a bond given for the faithful discharge of his duties as Sheriff of Montgomery county. The defendants pleaded, that they had performed the covenants of their bond, and an issue on this plea was submitted to a jury of Montgomery county, Maney, Judge, presiding, in 1844.

Smith was indicted in the Circuit Court of Franklin county. The indictment charges, that “Smith did bet, wager and gamble, at a game called pitching dollars, he the said Smith then and there betting on said game.” The defendant was tried by Judge Marchbanks and a jury of Franklin county.

This action of debt was instituted by the Governor, in the Circuit Court of Maury county, on a sheriff’s bond. The declaration described a bond given for the collection and payment of State taxes for two years, to wit, 1840 and 1841. To this declaration there was a demurrer, and it was argued before Judge Dillahunty, at the January term, in the year 1844. The demurrer was sustained, and the Attorney General, Baxter, on behalf of the State, appealed.

William Wright made a will in which were the following clauses: “I desire that my mill, with the appurtenances thereto, and all and any species of property found in my possession at my death, not otherwise disposed of, shall be sold. “I desire that one-fourth part of the money arising from the sale of the property disposed of, as above mentioned, shall be given to the Tennessee Annual Conference of the Methodist Episcopal Church for the benefit of institutions of learning…

The 10th section of the 11th article of the constitution, provides, tbat the fund “called the school fund, shall remain a, perpetual fund, the principal of which shall never be diminished by legislative appropriation, and the interest thereof shall be inviolably appropriated to the support and encouragement of common schools throughout the State; and no law shall be made authorizing said fund, or any part thereof, to be diverted to any other use than the support and…

This is a bill filed in the Chancery Court at Gallatin. It was tried by Chancellor Cahal, on bill, answers, replications and proof. The Chancellor decreed in favor of the complainants; from which decree the defendants appealed.

Porter recovered a judgment in the Circuit Court of Maury county, on the 6th day of January, 1841, against Smith and Miller. Smith was the principal and Miller a surety. Held: if by the neglect of the creditor, the benefit of some of the sureties for the debt is lost, the surety is pro tanto discharged. A mere failure to register a mortgage- will have the effect.

- This is an action of trespass, which, on tbe plea of not guilty, was tried by Judge Martin and a jury of Robertson county, at the June term, 1844. A verdict and judgment were rendered in favor of the plaintiff, from which tbe defendants appealed,

This is a bill which was filed in the Chancery Court at Murfreesborough, by the Planters’ Bank, against the Union Bank, for the purpose of enjoining the sale of a tract of land, and setting up a prior lien by virtue of a ji.fa. which had been superseded. The Chancellor, at the hearing, on bill, answer, replication and proof, enjoined the sale of the land. From this decree the defendant appealed. The facts are stated in the opinion of the court.

This action of trover was tried on a plea of not guilty, by Judge S. Anderson and a jury, at the January term of the Circuit Court of Wilson in 1844, and a verdict and judgment rendered for the plaintiff. The defendant appealed.

. Stewart instituted this action of trover in the Circuit Court of Sumner county againt Mills. The defendant pleaded not guilty, and a jury rendered a verdict for the plaintiff., and a judgment was rendered by Judge Maney thereupon; The defendant appealed.

<p>Sale of interests in remainder or reversionary interests in real estate for purposes of partition, is not authorized bj- the statute laws of Tennessee.</p>

<p>A garnishing* creditor will not be permitted to take from the hands of another creditor assets which have been transferred by their debtor for his debt or indemnity; and the court will determine upon the amount of indebtedness existing at the time of the decree, and will not confine itself by the allegations of the answer to indebtedness existing at the time of the answer made.</p>

& decree of a Chancery Court having jurisdiction, vesting the legal title of real estate jn a person is valid, till reversed or set aside on a proceeding instituted for that purpose, and the validity of such decree cannot be questioned in a collateral proceeding, on the ground that the evidence did not justify the decree.

This is an action of ejectment, instituted in the Circuit Court of Bedford county, by Britain against Cowen, for tbe recovery of a tract of twenty-two acres of land, lying in Bed-ford county. The defendant pleaded not guilty, and tbe case was tried by Judge S. Anderson, at the December term, of tbe Circuit Court, held for Bedford county in 1844, when a verdict and judgment were rendered in favor of the defendant, from which plaintiff appealed.

This is a bill filed in the Chancery Court at Clarksville, by a surety to enjoin the enforcement of a judgment against him. The case was tried by Chancellor McCambell, on bill, answer, replication and proof. He dismissed the bill, and complainant appealed.

This is a petition for a mandamus, which was filed in the Circuit Court of Giles county, by John D., James P., Andrew and Wm. C. McCutehen, against Patterson, the entry-taker for the county of Giles. They were the owners of thirty-five acres of land, lying south and west of the Congressional reservation line, and they owned no more land, by deed, grant or otherwise. Adjoining this tract there lay two other small tracts of fifteen acres each, but on different sides thereof.

This is an action of trover, 'which was tried on the plea of not guilty by Judge Marlin and a jury of Montgomery county, and a verdict and judgment rendered for the defendant, from which the plaintiff appealed. cited and commented on the following authorities: Angel on Assignments; 5 Mass. 42; Galt vs. Dibrell, 10 Yerg>; 12 Serg. & R. 189; Shepard’s T. 433; Greanleaf Ev. 324.

<p>A complainant will not be permitted (o question the right of judgment creditors to sell the debtors estate, where it appears that complainant’s claim originated in fraud.</p>

This is amotion against a Sheriff of Coffee county and his sureties, in the Circuit Court of said county, for making an illegal return of an execution. The case was tried by judge Marchbanks, and a judgment rendered for the defendants, from which the plaintiff appealed. The facts are all stated in the opinion of the court.

This is an action of assumpsit, which was tried by Judge Martin, and a jury of Montgomery county, at the November term, 1844, and a verdict and judgment rendered for the plaintiffs, from which the defendant appealed.

This is a bill'which was filed in the Chancery Court at Franklin by Mayberry against Neely and wife and others, seeking to subject certain property to the satisfaction of certain judgments which he had recovered against them. The material facts in relation to which are stated in the opinion of the court. The presiding Chancellor dismissed the bill. The complainant appealed. See 2 Story’s Equity, sec. 1383. See 1 Leigh, 443; 8 Yerger, 35; 4 Leigh, 550; 5 Munford, 36.

This is an action of ejectment instituted in tbe Circuit Court of Bedford county, for the recovery of eighty acres of land lying in said county. It was instituted by Whitthorn, tbe purchaser of tbe land at the sale of a bankrupt’s effects, against Blackmore, the purchaser from the bankrupt, and involved the validity of a judgment which was confessed by the bankrupt some ten days before the' filing of his petition in bankruptcy.

This is an action of assumpsit, which was tried by Judge Marchbanks and a jury of Franklin-county, on the plea of non-assumpsit; and the Judge charged' -the jury, that in a sale of chattels the rule of law that a warranty of title was implied was applicable only to parol contracts.' A verdict and judgment were rendered in favor of the defendant, from which the plaintiff - appealed. cited Chitty on Contracts, 133; 2 Blackstone, 451; 2 Comyn on Con. 273; Salkeld, 210; 1 Lord -…

This is an action of detinue for the recovery of certain slaves, instituted in the Circuit Court of Robertson county. The case was tried by Judge Martin and a jury at the June term, 1844.

This is a bill which was filed in the Chancery Court at Gal-latin, by Turner against Grainger & Roney. The case came . on for hearing on bill, answers, replication and proof, before Chancellor Cahal, at the June term, 1844. He dismissed the bill. Complainant appealed.

This bill was filed in the Chancery Court at Woodbury by Martin, the administrator of Butcher, deceased, against Ramsey and others, judgment creditors of Kersey. The creditors recovering judgments against Kersey, executions' were issued and levied on a slave in the possession of Martin as administrator of Butcher. Martin filed this bill to restrain the sale of the slave, alledging that the slave was a portion of the property of the estate of which he was administrator.

The complainant in this case was the widow of one Thompson. She was entitled to dower in the estate of her deceased husband. She intermarried with Herbert Owe'lí* The proceeds of the sale of her dower came to the hands of Herbert Owen. After the marriage, Robert T. Cannon sold and conveyed by deed a slave Tom to J. McN. Thompson, in trust for the exclusive use and benefit of Martha A. Owen. The deed was dated on the 26th day of February, 1835.

This is an action of trespass on the case, for a malicious prosecution instituted in tbe Circuit Court for Maury county, by Hall against Hawkins. It was tried at the January term, 1’844, by Judge Dillahunty, and a jury of Maury county, on the plea of not guilty, and a verdict and judgment rendered in favor of the defendant, from which the plaintiff appealed.

This is an action of debt, which was tried in the Circuit Court of Maury county, by Judge Martin, and a jury, and a verdict , and judgment were rendered for the plaintiff, from which the defendant appealed.

' This is an action of trespass, brought in the Circuit Court of Davidson county, by Stump and Ewing against N. A. Mc-Nairy. Defendant pleaded not guilty, and the case came on for trial before Judge Maney, and a jury of Davidson county. Stump and Ewing erected a fish trap across a small stream of water running into Cumberland river within the Corporation limits of the town of Nashville.

This is an action of trespass on the case, instituted by May against Mitchell, in the Circuit Court of Rutherford county.

This bill was filed in the Chancery CourtFat Gainsborough. It was tried by Chancellor Ridley, on bill, answers, replications and proof, at the May term, 1843. He dismissed the bill, and the complainants appealed.

<p>1. Before secondary evidence is admissible, it must appear (hat (he primary evidence was not procurable.</p> <p>% The bilí charged, that an alleged deed, on which the defendant rested his defence, hadnovalidexisten.ee. The answer averred the existence and validity of the deed. Held, lhatthis stateo-f pleadings did not dispense with the necessity of defendant’» proving affirmatively the existence and validity of such deed.</p>

Bodenhamer was embarrassed, and applied to White for a loan of money. White told him he would get some bonds of the State of Tennessee, if he would take them. White procured two bonds calling for a thousand dollars each, which, at the market price, were worth about six hundred each. They were sold to Bodenhamer at $2100, for which sum Bodenhamer executed his note to White. Bodenhamer sold them to Goff & Balentine at $1200.

This motion was made in the name of Armstrong against Webb, former sheriff of Giles county, and his sureties, for a failure on the part of Webb to return a venditioni exponas. Some lots of land had been sold by virtue of the writ and the sale produced only a small portion of the debt which the writ demanded. The sheriff did not return the writ.

<p>A defendant in an action of forcible entry and detainer cannot dispense with the necessity of giving bond and security for rent, as required by the act of 1842, ch. 186, by taking the pauper’s oath.</p>

Peter Tyner was indicted in tbe Criminal Court of Davidson county for stealing a horse, the alledged property of one Wilson Page, and was tried by Judge Turner and a jury at the July term. 1844, convicted, and sentenced to three years’ confinement in the state prison. - He appealed from this judgment.

<p>A recovery of a judgment against •'‘the defendants,” embraces those only who are served with process and who appear and defend the suit.</p>

Medley owed Davis $5,500, and on 31st dayof January, 1839, she conveyed to Davis 264 acres of land, lying in Williamson county, in consideration of which, Davis gave up the note of $5,500, andhanded to her one noteon Walsh&Harris for $3289, and one on Davis & Grant for $1400.

This case was tried in the Chancery Court at Columbia, on bill, answers, replications and proof, by' Chancellor Bramlitt, and a decree was entered for the complainants. The defendant appealed.

This is an action of trover for slaves, which was tried by Judge Maney, and a jury of Robertson county, and a verdict and judgment rendered for the plaintiffs. The defendant appealed.

In this case there was a demurrer, which was argued before Judge Dillahunty, in the Circuit Court of Maury county, and judgment rendered for the defendant. The State appealed.

This is an action of trespass on the case, which was tried by Judge Maney and a jury of Williamson county, on the plea of not guilty, at the March term, 1844. A verdict and judgment were rendered in favor of the plaintiff for the sum $443 45 damages, the estimated value of the slave. The defendant appealed. All the facts are stated in the opinion of the court. ' They cited Story on Agency, 474, 470, 475: Story on Bail-ments, 266: 7 Yerg. 367: 2 Hump. 554: 1 East, 106.

<p>1. The payee of a note, who endorses it over,.is a competent witness to prove in behalf of the maker, that thenote was not assigned in due course of trade.</p> <p>2. An objection by a defendant in Chancery, to the testimony of a .co-defendant, may be waived, by the mode of his cross-examination of such.defendant.</p>

This is an action of assumpsit, brought in the Circuit Court of Maury county, against Philips, an endorser of a promissory note. The case was tried by Judge Dillahunty, and a jury of Maury county, on the plea of non-assumpsit, and a verdict and judgment rendered in favor of the plaintiff, from which the defendant appealed.

This is a bill filed for a sale of real estate and partition of the proceeds. It was tried by Chancellor Bramlitt on bill, answers, replication and proof. He decreed a sale and partition, from which the defendants appealed.

<p>Where a note was made payable one day after date, and an agreement was subjoined, that suit should not be brought on it, so long as the maker was believed to be solvent, such agreement could not be regarded, either in point of intention or legal effect, as barring the right to interest..</p>

This bill was filed in the Chancery Court at Sparta, against the State Bank and Jenkins, by Samuel Turney. It was tried by Chancellor Ridley, on bill, answer, pro confesso judgment and proof. The Chancellor gave a decree in favor of the complainant, from which the Bank appealed. All the material facts are stated in the opinion of the court.

This bill was filed in the Chancery Court at Columbia by Farrar against Bridges, to compel Bridges to deliver up a deed . of conveyance for a tract of land which the bill charged had been signed, sealed and delivered by defendant to complainant. The defendant denied that the deed had ever been delivered, but alledged that it had been- retained, by agreement, to secure to the defendant the payment of certain sums of money which cbmplainant owed him.

This case was tried by Chancellor Cabal, on bill, answer, replication and proof, in the Chancery Court at Columbia. He gave a decree in favpr of the complainants. The defendant appealed.

This bill was filed in the Chancery Court at Clarksville by Marable against Robert and John Jordan.

<p>A notice given by the holder of a promissory note to the second endorser too late to fix his responsibility to the holder, will not avail the third endorser, though in due time, if given by him to the second.</p>

This case was tried in the Circuit Court of Giles county, and a verdict and judgment (Judge Dillahunty presiding) were rendered in favor of the plaintiff. Tbe plaintiff appealed.

This case was tried before Judge Dillahunty and a jury of •Marshall county, and a judgment rendered for plaintiff; from which the defendant appealed.

This case was tried by Judge Marchbanks and a jury of Franklin county, and a verdict and judgment rendered in favor of the defendant; from which the plaintiff appealed.

This bill of review was filed by John E. and Drury Dance, in the Chancery Court at Murfreesborough against Martha Mc-Gregor and her guardian R. M. Burton and Andrew J. Mc-Gregor and his guardian Andrew J. Donelson and others.

Peter was indicted on the 19th day of November, 1844, in the Circuit Court of Williamson, for an attempt to commit an assault on Minerva… Held: no variance. In all these cases the averments were in some degree descriptive of the offence; yet they were rejected as immaterial, and not necessary to be inserted in the indictment, or if inserted and disproved, yet ruled no variance. ~ In the case now on hand, the averment of the ownership of the defendant does not touch the…

Assumpsit in the Circuit Court of Montgomery county, by the Planters’ Bank against White, an endorser. Plea, non-assumpsit. It was tried by Judge Martin and a jury of Montgomery county, at a special term held in December, 1844, at Clarks-ville, and a verdict and judgment were rendered in favor of the defendant. The plaintiff appealed.

<p>Distributees may recover slaves illegally sold by the administrator. But the administrator canuot avoid his own sale, and the distributees are, therefore, not affected by his failure to sue within the lime prescribed by the statute of limitations.</p>

This is an attachment bill, which was filed in the Chancery Court at Murfreesboroogh, and having been heard on bill, the answer of a portion of the defendants and replications thereto, and pro confesso judgments against the others, a final decree was rendered in favor of the complainants at the January term, 1843, by Cancellor Ridley. The defendants appealed.

This action of trespass on the case-was brought in the Circuit Court ofLewis county, by Tyson and wife, Nancy, against Allison, and was tried by Judge Dillahunty and a jury, at the January term, 1844, and resulted in a verdict and judgment in favor of the plaintiff for $400. ^ The defendant appealed. All the material facts are stated in the opinion of the court.

3. The suietiesof an executor are not responsible for (he proceeds of the sale of real estate directed to be sold by testator before the act of 1837-8. William T. Hughletl. died in Hickman county, in 1827, and Thomas D. Porter and W. H. Hughlett being appointed executors, qualified as such, and gave a joint bond, with Joel Walker and J. S. Russwurm as sureties for the due administration of the estate.

This action of assumpsit was tried by Judge Maney and a jury of Williamson county, on the plea of non-assumpsit, at the March term, 1S44, and resulted in a verdict and judgment for the defendant; from which the plaintiff appealed. He cited 20 Johnson, 365; 3 Hum. 72; 19 John. 69; 1 Wen. 467; 15 Wend. 502; 4 Hum. 303; 11 Wend. 629; 4 Cow. 173; 17 Wend. 103.

<p>1. In the sale of real estate witho.ut warranty of title, the vendee only acquires such title as the vendor possesses, and subsequently acquired title does not inure to the benefit of the vendee: secu$> where there is a warranty.</p> <p>2. In a sale of personal property there is always an implied warranty of title, unless the purchase is made under such circumstances as clearly show that the vendee intended to risk the title.</p> <p>3. The statutes of probate and registration in Alabama are designed to protect purchasers and creditors in Alabama; not in other States.</p> <p>4. Where a purchase is made under circumstances which should put the vendee on his guard as to title, he is not an innocent purchaser.</p>

This case was tried by Judge Maney and a jury of Williamson county, and a verdict and judgment rendered in favor of the plaintiff; from which the defendant appealed.

<p>Where complainants unite in a bill claims which are distinct and hostile to each other, such bill is demurrable for multifariousness.</p>

<p>The assignee of a note, given by the vendee of real estate, has a right to enforce the vendor’s lien; but this right is not extended to the holder of a collateral security for the payment of such note.</p>

This is a bill which was ■ filed in the Chancery Court at Franklin, by Bond and others, praying an account of the guardianship of Ray, and a decree against him and his sureties. The case was heard on bill, answers, replications and proof,at the November term, 1843, by Chancellor Bramlitt, and a decree rendered in favor of the complainants, from which the defendant appealed.

This is an action for money bad and received, which was brought by Lay against Charlton, in the Circuit Court of Davidson county. The defendant pleaded non-assumpsit, and the issue thereupon was submitted to a jury at the January term, 1844, Judge Maney presiding. It appeared that Charlton sold Lay a horse, and in payment for the horse transferred an execution on a third person to Charlton.

This is an action of assumpsit, which was instituted by the Union Bank, in the Circuit Court of Davidson county, against John H. Eaton, as one of the makers of a promissory note. Eaton pleaded non est factum, and an issue thereupon was submitted to the jury, Maney, Judge, presiding, and a verdict and judgment rendered in favor of the defendant, from which the plaintiff appealed.

This is an action of ejectment, which was instituted in the Circuit Court of Smith county, by Toney against Farquhar. It was tried on the general issue at the April term of the Circuit Court, in 1844, Judge Caruthers presiding. A verdict and judgment were rendered in favor of the plaintiff, from which the defendant appealed.

This case was heard by Chancellor Cahal, on bill, answer, replication and proof, at the September term, 1844, of the Chancery Court at Columbia, when- the following decree was entered. ; It appearing to dm court, that on the - day of May, 1839, Peter R. Booker departed this life, after having made and executed his last will and testament* with two codicils thereto; that after his death his will and two. codicils were duly proved and admitted of record: and it appearing to…

A judgment in this case was rendered in the Circuit Court of Perry county, against Hand the sheriff and his sureties, for a failure to return executions for fine and costs in favor of the State against divers individuals. This judgment was rendered by the presiding Judge, Totten; from which the defendants appealed.

This is an appeal by the plaintiffs in error, the sheriff of Perry county and his sureties, from a judgment rendered against them by Judge Totten, presiding in the Circuit Court of that county.

<p>An indictment charged, that two persons with force and arms, &c. “did make an affray . by fighting:” It is held, that this charge of a fighting was sufficiently certain and definite, and the indictment valid.</p>

This bill was filed in the Chancery Court at Sommerville by Joshua Mewborn, to restrain the collection of a judgment recovered by Chai'les Gholdson against said Mewborn. The case was tried by Chancellor McCampbell, on bill, answer, replication and proof. The bill was ordered to be dismissed, and complainant appealed.

This bill was filed by Perry against Wooton, executor of Perry deceased, and against Jones, in the Chancery Court at Huntingdon, for an account of the estate of Perry, deceased. Complainant was one of the legatees, and Jones and bis wife entitled to the other share. This bill charges the administrator with negligence, in failing to collect a note for $1,400, on Armour & Cromwell, exer cuted to the deceased in his lifetime.

This case was tried by Chancellor McCampbell, on bill, answer, replication and proof, at tbe August term, 1843, of the Chancery Court held at Huntingdon. A decree was rendered in favor of the complainant Trigg, from which defendant appealed.

The plaintiff in error, Maria Bedford, was tried by Judge King, and a jury, in the Criminal Court at Memphis, and found guilty of receiving stolen goods, knowing them to have been stolen, and sentenced to confinement in the penitentiary. From this judgment she appealed.

This bill was filed in the Chancery Court at Huntingdon, by the heirs of John Irvine against Andrew McRee, White, Caffry, Tyler and Ballew, for the purpose of divesting them of the title to 303 acres of land. Tbe ancestor of complainants bought land of Anderson, in the county of Lincoln, and 303 acres of said land being .taken by older and better title, certificate warrants were issued therefor in the name of Anderson.

The judgment which, was rendered in this case, on motion, in the Circuit Court of Shelby county, by W. H. Loving, Special Judge, was as follows: “This day comes James Jamison, Trustee of the County Court of the county Shelby, and John Caruthers, Attorney General for the 11th Judicial Circuit Court, and move the court for a judgment in the name of the Chairman of the County Court against Lemuel P. Hardaway, Sheriff and Collector of the County Taxes, of the county of Shelby,…

This is an action of debt, which was tried by J. C. Hum--phreys, Special Judge, and a jury of Shelby county, at the February term, 1845, of the Circuit Court held for said county. A verdict and judgment rendered in favor of plaintiff', Stevenson. Carr appealed.

The plaintiff in error was indicted for betting on the result of the Presidential election'in 1844. He was tried by Judge King, and a jury, in the Criminal Court at Memphis, convicted, and sentenced to pay a fine of ten dollars. He appealed.

This is an action of assumpsit, which on the plea of non-as-sumpsit was referred to a jury at the February term, of the Circuit Court held for the county of Shelby, in 1845, J. C. Humpheys, Special Judge, presiding. A verdict and judgment were rendered for the plaintiff, from which the defendant appealed.

The plaintiff in error, Fleming, was tried by King, and a jury, in the Criminal Court at Memphis, for the offence of robbery, and convicted. He appealed.

This cause was tried by Chancellor McCambell, on bill, answer, replication and proof, at the May term, 1844, of the Chancery Court at Sommerville, and a decree for a perpetual injunction entered against the defendant. The defendant appealed.

Bellew was indicted in the Criminal Court, at Memphis, on the 27th day of February, 1845, for the offence of receiving stolen goods, knowing them to have been stolen, and with the intention to deprive the owner of them. The case was called on the 28th, and 'the defendant moved the court for a continuance of the case.

This is a bill in Chancery, which was filed in the Chancery Court at Sommerville, by Taylor against Hunter & Searcy. It was tried on bill, answers, replication and proof, by Chancellor McCambell, at the November term, 1844. He decreed in favor of complainant, and defendant appealed.

This case was tried on demurrer by W. C. Dunlap, presiding Judge, at the February term, of the Circuit Court held for the county of Shelby, in 1845. The demurrer to the plaintiff’s replication was sustained, and judgment rendered in favor of the defendant, from which the plaintiff appealed.

This is an action of ejectment instituted in the Circuit Court of Fayette county, by Thomas against Knox. It was tried at the May term, 1843, by Judge Dunlap and a jury. A verdict and judgment were rendered in favor of the plaintiff; from which the defendant appealed.

This bill was filed in the Chancery Court at Sommerville by Bracken against Chaffin. It was tried by Chancellor McCam-bell, on bill, answer, replication and proof, at the November term, 1843. He dismissed the bill, and complainant appealed.

Greenlow recovered a judgment against Gift A fi. fa. was issued and levied on some slaves, the property of Gift, by the sheriff of Shelby county. The officer took' a bond from Gift for the delivery of the slaves. A portion of the slaves were delivered and the one in controversy was not delivered, but Gift requested the officer to sell her without her presence. The sheriff did sell her accordingly, and Anderson became the purchaser, and the slave came to his possession.

Dunn and Henderson were the administrators of Scales, deceased, and were sued in debt in the Circuit Court of Shelby county as administrators, by Blake, at the January term, 1838: a judgment was rendered against them for the sum of nine hundred dollars as administrators, but the clerk by mistake entered up a judgment against them individually for that amount.

Helm recovered judgments against Hall and Stuart before a Justice of the Peace for the county of Henderson. Executions were issued and levied on two hundred acres of land, and the original papers were returned to the Circuit Court of Henderson county. The executions were endorsed as follows: “The defendant has no personal property in my county to satisfy the within Ji-fa. Levied on 200 acres of land,” See.

The Union Bank instituted this action of assumpsit in the Circuit Court of Fayette County, against B. L. Holcomb, and declared against him as the payee and endorser of a promissory note. The defendant pleaded non-assumpsit, and the case came on for trial before Judge Dunlap and a jury, at the May term, 1843. The defendant objected to the validity of the certificate of the notary, it not showing by its date that it was made on the day the notice was given.

This is a bill which was filed in the Chancery Court at Som-merville, to set up an equitable defence to a judgment recovered by Kee against Carpenter and others. The case was tried at the November term, 1844, on bill, answer, replication and proof,’ by Chancellor McCambell. ' The bill was ordered to be dismissed, and complainant appealed.

This is an action of assumpsit brought by Miller against Crouch, in the Circuit Court of Shelby county. The case was tried by W. H. Looning, Special Judge, and a jury of Shelby county, on the plea of non-assumpsit, at the October term, 1844, and a verdict and judgment rendered for the plaintiff, from which the defendant appealed.

There was an unincorporated association in the town of Holly Springs, Mississippi, organized in 1837, for the purpose of carrying on the business of banking. The company issued notes to be used as currency and which were used as such, received deposits, &c. &c. On the 16th day of October, 1837, a note was executed which was of the following tenor: “150.

James, William and Francis Ashley having a claim upon slaves in the possession of Vincent, engaged the complainant James to attend to the prosecution of a suit for the recovery of the slaves in their joint names. James engaged Rogers to attend to the prosecution of the suit on an agreement to receive one third of the slaves if he should succeed in the recovery of them'.

<p>When a deed of conveyance was raade> absolute on its face, but a bond given, binding the vendee to divide the estate equally with the brothers and sisters of the ven-dee, and theNbond was delivered to the vendee: It is held the delivery to the ven-dee'was for the benefit of the brothers and sisters, and was a part of the contract of •conveyance, and could not be surrendered without the consent of those for whose uss it was made.</p>

Hunter was presented by the grand jury of the county of Obion, for an assault and battery on the body of T. Robbins. The presentment did not show on its face, that the offence was committed during term time, and the defendant moved the court to quash the presentment, on the ground of want of power on behalf of the grand jury to make presentment of this offence, except in cases where it was committed during term time.

Knight was indicted on the 29th of October, 1844, in the Circuit Court at Memphis, for grand larceny.

John W. Curtis was indicted in the Circuit Court in Shelby for harboring a slave, the property of Joshua S. Curtis. He was put on his trial on the 13th day of October, 1843, Dunlap, Judge, presiding. On Saturday the 14th, the jury reported that they could not agree, and they were continued under the care of an officer. On Monday the 16th, the jury returned into court and reported that they could not agree. Whereupon they were continued under the charge of an officer.

This case was argued by Thomas Washington and Talbot, for the complainants, and by S. McLanahan and Searcy for the defendants.

This bill was filed by the creditors of Patton & Taylor against the Union Bank and others, to set aside a deed of trust, and to subject to the satisfaction of the judgments of such creditors the estate of said Patton & Taylor, covered by said deed of trust. The case was tried by Chancellor McCambell, at the February term of the Chancery Court at Huntingdon, held in 1844» on bill, answers, replication and proof. He dismissed the bill, and the complainants appealed.

This is a bill which was filed by Jones against the Planters’ Bank, in the Chancery Court at Huntingdon, to redeem a lot of six acres of land, lying adjoining the town of Jackson, in the county of Madison.

This is a bill which was filed by Allen, Asher & Co. and other judgment creditors of Hiram S. Morgan & Co. and others against them, to set aside a certain deed of trust, executed by them. The case was'heard by Chancellor McCambell, at the November term 1842J on bill, answers, replication and proof. The Chancellor dismissed the bill, and complainant appealed. '

Caplinger sued Vaden, administrator of W. Snllivan, in the Circuit Court of Smith county, for a bre'ach of covenant. This , suit was instituted on the 18th day óf November, 1842.