Volume 25 — Tennessee Reports

At the April Term, 1845, of the Circuit Court for Grainger county, this indictment was quashed by the presiding Judge, and the State appealed.

This bill was filed in the Chancery Court at Tazewell. A decree was rendered by Chancellor Ridley in favor of the complainant, and the defendant Vanbibber appealed.

This case was tried by Judge Marchbanks and a jury in the Circuit Court of Bradley county, and a verdict and judgment rendered for the plaintiffs, Barrett & Everett, from which the defendants appealed.

This is an appeal from a judgment disallowing the taxation of costs against the defendant in the Circuit Court of Campbell county, by the presiding Judge, Rob. M. Anderson.

<p>I. Where a Sheriff in default paid the taxes after motion made, he is liable for 12J per cent, damages.</p> <p>2- The allowance of interest against officers, who fail to pay over the public reven1 ue, by (he act of 1843, ch. 104, sec. 5, is not in lieu of the penalty of 12J per cent, damages provided by the act of 1835, but is cumulative.</p>

<p>Where the Circuit Court failed to give judgment for costs against the defendant, on the overruling a plea in abatement, it had the power to give such judgment on the final disposition of the case, and a refusal so to do is error.</p>

This bill was filed in the Chancery Court at Greenville, by McNew and wife against Toby for the specific execution of a contract for the purchase of a tract of land.

<p>1. An agreement to submit a ease to arbitration without a rule of court is a discontinuance of the case, unless the agreement provide that the report of the referees shall be made the judgment of the court; in which event the court have the power to make the award the judgment of the court, though the submission be' by bond.</p> <p>2. A submission to arbitration may be revoked at anytime before the award is pronounced, blit not afterwards.</p>

• This is a bill which was filed in the Chancery Court at Dandridge by Elias, a free man of color, on behalf of himself and his wife and children, against H. Smith. Smith and others had recovered judgment against Elias and executions thereupon were levied on Tenor his wife and Daniel his son.

This suit was commenced by warrant in the county of Bradley. It was taken to the circuit court by appeal when a verdict and judgment were returned for the plaintiff Johnson, Cannon J. presiding. The defendant, George, appealed.

A decree was rendered in this case in favor of the complainant, in the chancery court at Jonesboro’, Chancellor Williams presiding. The defendants appealed.

Newman was elected Sheriff of Jefferson county, and collected and failed to pay over the State and County Taxes.— In this state of things he was re-elected and was sworn in and gave bond for the performance of the duties of the office. At a subsequent period the county court declared the office vacant and elected another person to fill the office till the next general election for county officers. From these proceedings Newman appealed. He also removed them by certiorari.

<p>Circuit Courts have the power to dismiss suits if security for their prosecution he not given according to the orders of the court; or they may at their discretion prolong the time for giving such security, or set aside a dismission during the term, on cause shown.</p>

The defendant was found guilty of gaming, in the Circuit Court of Cocke county. The presiding judge, Ro. M. Anderson, arrested the judgment, and the State appealed.

<p>The verdict of the jury must negative all the pleas of the defendant, or no judgment can be pronounced.</p>

<p>Where a judgment is affirmed against the principal, and on motion a judgment is also rendered at the same time, and by the same entry, against the surety, and the principal died before satisfaction, a scire facias may go against the administrators of the principal alone, and the terms of the judgment would support the allegations of the scire facias.</p>

In this action of ejectment, a judgment rendered for the defendant Whiteside against the plaintiff Conn, in the Circuit Court of Grainger, R. M. Anderson, J. presiding. The case was brought to the Supreme Court by writ of error.

This is an action of assumpsit against M. E. Cocke, admin-istratrix of James R. Cocke, dec’d, on an endorsement made by James R. Cocke & Co. The case was tried on the plea of non-assumpsit, at the February Term of the Circuit Court held for the county of Knox in 1845, Judge Luckey presiding. A verdict and judgment were rendered for the plaintiff, and defendant appealed.

This is an indictment for an assault and battery against Eanes, a constable of Sullivan county. Eanes had seen in a newspaper a proclamation in the name of the Governor of the State of Tennessee, stating the commission of the murder of one Coltart by one Payne. The proclamation gave a description of the person of Payne.

King died having made his wife tenant for life of certain slaves by his will, with remainder to his children. The widow sold the slaves to Sharp. Sharp was informed of the facts in regard to title. He sold the slaves to a negro-trader who removed them beyond the limits of the State.

Hogshead was tried on an indictment for passing counterfeit money, in the circuit court of Anderson county, by Judge Alexander, and a jury and a verdict was rendered against the defendant. He moved the court for anew trial and filed certain affidavits, the contents of which are stated in the opinion of the court, in support of his motion. The court overruled the motion and passed judgment on the defendant from which he appealed.

This is a case of bill by George against Lee and of cross-bill by Lee against George, as administrator, in the chancery court of Tazewell. Chancellor Williams gave a decree in favor of complainant in the original bill and dismissed the cross-bill, and Lee appealed.

This is an action of debt brought by Hazeltine, Haddock, & Co., in the circuit court for Washington county, against Kenny on a promissory note and for goods sold and delivered. The case came on for trial on the plea of payment with leave to give special matter in evidence, before Judge Alexander, at the February term 1845. A verdict and judgment were rendered for the plaintiffs and defendant appealed.

This is a bill which was filed in the Chancery Court at Jonesboro’, by Thomas Kennedy against Jacob Howard and John Kennedy, seeking a specific execution of a contract to convey to him a tract of land, lying in the county of Washington. John Kennedy made a parol gift of the land to his son Thomas R., and Thomas took possession and made improvements on it.

Assumpsit in the circuit court of Knox county, by Vann against White for money paid, laid out, and expended. Plea, non assumpsit. It appeared on trial before Judge Cannon and a jury, that White sold a steamboat to Reese, Ferrie and Banks, and agreed to take a part of the consideration in freight.

This bill was filed in the chancery court at Franklin and was heard by Chancellor Cahal on bill, answer, replication and proof, at the September term, 1845. The Chancellor gave a decree in favor of complainants and the defendant appealed. In this cause, complainants claim the slaves in controversy, by virtue of their deed of gift from Charles Sallard, whose right thereto had not previously been divested, by any act of his, nor barred by the statutes of limitations.

This is an action of assumpsit brought in the Circuit Court of Montgomery county by Baker, Johnson & Co., agents, against Bryan & Isler, administrators of Bryan. It was tried on the plea of non est factum and non assumpsit, before Judge Martin, and a verdict and judgment rendered against the defendants. Isler appealed.

This is an action of debt instituted in the circuit court of Maury county by Caruthers, Harris and Stokes, partners, against Black, a surety in an injunction bond. It was_ tried at the May term, 1844, and a verdict and judgment were rendered for the plaintiffs. The defendant appealed. The facts of this case are very fully stated in the opinion of the court. They cited Toller on ex. 462, 463, 464, act of 1837-8, p. 173, sec. 5; 3 H. and M. Rep. 204; 2 Am. Com.

This is a bill which was filed by Thomas, a trustee by deed, against Walker, for the purpose of having a decree against Walker, declaring his purchase of real estate void. Thomas claimed the real estate as trustee for creditors, and Walker as purchaser at execution sale under a judgment of Yeat-man, Woods & Co. The facts are stated in the opinion of the court.

Broughton, sheriff of Stewart county, had an execution in his hands against Cherry, issued from the Chancery Court at Clarksville.

This.is a bill which was filed in the Chancery Court at Mur-freesboro’, by the wife and certain children of Samuel Mc-Lanahan, deceased, against Samuel McLanahan, another heir of the deceased, for an account. The case was heard by the chancellor, (Ridley,) on bill, answer, replication and proof. The complainant, S. McLanahan, appealed from the decree.

This bill was filed in the Chancery Court at Columbia, and was tried by chancellor Cahal, on bill, answer, replication and proof. He decreed in favor of complainant and defendant appealed.

An auctioneer in Nashville read out the following as the terms of the hiring of the slaves of Fain, to wit: “The ne-groes are not to be removed out of the county of Davidson; the person who hires them to furnish them with one summer suit and one winter suit of new clothes, with shoes and blanket each; bond with approved security required when the slaves are delivered.” Joiner, agent for Vanleer, Hicks &Co. hir,ed Philip for $140; Joiner testified that he did not hear any…

This is an action of detinue for a slave, brought in the circuit court of Coffee. The case was tried by Judge Marchbanks and a jury, and a verdict and judgment rendered for the plaintiff. The defendant appealed.

This is a bill which was filed in the chancery court at Columbia, by the beneficiary in a guardian, bond against the guardian and sureties. Chancellor Cahal gave a decree for th.e complainants, and the defendants appealed.

This case was tried by Judge Marchbanks and a jury at the circuit court of Franklin county. The defendant appealed from the judgment of the court.

This is an action of assumpsit brought in the county of Franklin.

This case was tried in the chancery court at Clarksville, 6n bill, answer, replication and proof, by Chancellor M’Campbell. He gave a decree for the complainant and defendant appealed.

This is an appeal from a decree given by Chancellor Ca-hal in the chancery court held at Columbia at the September term, 1845. It was heard on bill, answer, replication and proof. The facts are stated in the opinion of the court.

This is a bill in chancery which was filed in the court at Gallatin, by complainants, persons of color, praying a declaration of their freedom, under the last will and testament of their deceased owner, who resided and died in the State of Kentucky. The presiding chancellor dismissed the bill, and complainants appealed.

Elizabeth McDaniel sold the slave in controversy to Wade, whilst such slave was in the possession of her agent, Roberts, the slave having come to the possession of Roberts under an agreement that he should collect and hold for her, her portion of the estate of her deceased husband, and pay himself for claims which he held against her, and for advances which he might make.

Before the intermarriage of William Brown with Elizabeth Dorsey, widow and devisee of Benjamin Dorsey, of Lincoln county, a marriage contract was executed by both, dated February 7,1827, in which it was agreed between them, that the land bequeathed to her by her late husband should remain, be and continue her property, and subject to her control and disposition; and also all the negroes devised to her by her said late husband, and then in her possession, naming them, and…

This is a bill which was filed in the chancery, court at Mc-Minnville, by M. M. Brien, as administrator of Henry Hart, deceased, against L. Hart, the widow of said H. Hart, and others,' for the purpose of obtaining' possession of certain estate of the deceased, alleged to have been secreted by the widow. The defendant objected in her answer to the vilidity of the grant of administration to the defendant.

Assumpsit in the circuit , court of Montgomery county, by McMurdie against [Odonnell,' for the use and occupation of certain premises held by defendant after the sale of the property under deed of trust, at which' the-plaintiff, McMurdie, became the purchaser. Plea, non assumpsit. • The issue was tried by Judge Martin and a jury, and. a verdict and judgment rendered for the plaintiff, from ■ which,. the defendant appealed.-

This case tried at the April term of the circuit court held for the county of Hickman, Dillahunty, J. presiding, and a judgment by default final, rendered for the plaintiff. The case was brought up by writ of error by the defendant below.

In this case the defendant, M’Gregor purchased at the sale of the Clerk and Master under a decree of the Chancery Court at Franklin in the suit of Deaderick and others vs. Horton and others, a… Held: “That in occasion of this default a remedy at common law would be inadequate.

This is a petition for a divorce which was filed in the Circuit Court of Montgomery county, where the petitioner resided. A copy of the petition and a subpoena was. served on the defendant in the county of Hardeman. She appeared, and at the special term of the circuit court in August, 1845, M. A. Martin, presiding as Judge, her counsel moved the court to dismiss the petition on the ground of want of jurisdiction, which motion prevailed and the petitioner appealed.

This case was tried in the Chancery Court at Carthage, on bill, answer, replication and proof, by Chancellor Ridley. He dismissed the bill and complainants appealed. He cited 1 Bat. and Dev. 429; 2 Hawkes, 295, 605; 1 Hump. 520. See 2 Story Eq. J. 555; Hum. 377; 4 Hum. 309.

This case was tried in the Circuit Court of Williamson County, Th. Maney, J. presiding, and judgment rendered for the plaintiff. The case was brought into the Supreme Court by writ of error.

This case was tried by Judge Maney and a jury, of Williamson county, and a verdict and judgment rendered for the plaintiff. The defendant appealed.

This bill was filed in the chancery court at Murfreesboro’, and was tried by chancellor Ridley, on bill, answer, replication and proof, and a decree given for complainants. The defendant appealed.

This case was tried on bill, answer, replication and proof, by Chancellor Ridley, in the chancery court at McMinnville, He gave a decree in favor of complainants, from which the defendant, Watterhouse, appealed.

This case was tried on bill, answer, replication and proof, in the chancery court at Murfreesboro’, and a decree rendered by the presiding chancellor, Ridley, in favor of the complainants. The defendant appealed. The intestate of the defendant held the property in question — slaves—more than five years, under an unregistered writing, limiting the use of the slaves to the intestate’s wife. See act of 1801, c. 25, s. 2, 4th clause.

On the 19th January,1843, the grand jurors for the county of Maury found a presentment against the defendant, in which they charge: “That D. C. Gillespie, on the 24th May, 1842, unlawfully, &c., did take of and from one Archelaus P. Hughes the sum of $35, &c., for the forbearance and giving-day of payment of the sum of $232, from the 29th December, 1841, until the 29th April, 1842, which said sum of $35, &c., did exceed the rate of six per centum per annum, &c. “They further…

This action of debt which was pending in the Circuit Court of Wilson, was referred by the parties to arbitration, and the award was to be made the judgment of the court. The arbitrators met and awarded the sum of #430 to the plaintiff. This award was presented to the court and motion made to have it entered as the judgment of the court in the premises.

Nicholas brought this action on the case in the Circuit Court of White county, against Watson, for speaking slanderous words, charging the plaintiff with larceny. The case was tried by Judge Caruthers and a jury of White county, at the October term, 1845, anda verdict and judgment rendered for the plaintiff, for the sum of three hundred and fifty dollars. The defendant appealed. They cited Dane’s Ab. vol. 11, 582; Stephens N. P. 2569 2 Starkey Ev. 461.

This is a bill which was filed in the Chancery Court at Franklin, by Catron against the Tennessee Marine and Fire Insurance Company and George F. Napier. It was tried by Chancellor Cahal, on bill', answer, replication and proof. He dismissed the bill and complainant appealed. As to the law of fraudulent valuation he cited 2 Phillips 4. As to the ownership of the property insured, he cited 1 Phillips, 69; 2 Pick. 257; 2 Bingh. 261; 1 Pet. 151; 1 Phillips 555; 1 Cond.

T his is an action of covenant which was brought in the circuit court of Wilson county, by Baird against Tolliver, George and C. Cummings, on the following instrument:— “Received of Selden Baird four five per cent.

John Scanland was elected sheriff of Jackson county for the years 1842 and 1843. He failed to collect the taxes which he was bound by law to collect. . In 1844, being a defaulter, he was re-elected sheriff, and qualified and gave bond with security for the discharge of the duties imposed on him by law. He collected a considerable amount of taxes which he failed to pay over.

Bryant charged Jackson with stealing his iron, and for this he was sued in slander, in the circuit court of Macon county. The defendant pleaded not guilty, and the case was submitted to a jury, at the May term of ,the circuit court, in 1845.

In 1829, (ch. 76,) the legislature declared by law that “any person who shall sell to any negro slave any spirituous liquors without a permit in writing from the master or mistress of such negro slave, shall be indictable, and upon conviction, shall be fined in a sum not less than five nor more than fifty dollars.” In 1842, (ch. 141,) it was enacted that, “no person shall sell any vinous, spirituous or fermented or intoxicating liquors in any quantity to any slave or slaves,…

McKeenon brought this action of ejectment in the Circuit Court of Sumner county, against May; and on the trial before Judge Marchbanks, he introduced a deed in support of his title, the acknowledgement of which was in the following words: “Pennsylvania, Cumberland County, “Before me, the subscriber John Read, President Judge of the 9th judicial district of the Commonwealth of Pennsylvania, composed of the counties of Cumberland, Perry, Juniat-ta, personally came the above…

This is a bill which was filed in the Chancery Court at Lewisburgh, by Marsh against Haywood, to restrain the enforcement of a judgment obtained in the Supreme Court at Nashville, by Haywood against said Marsh and one Ross on the ground that the said judgment had been satisfied and discharged. The defendant Haywood answered and denied the satisfaction of the judgment in part.

This is a bill which was filed in the Ghaneery Court át Pulaski, by Elizabeth Hester and others, her children, against John Wilkinson and others, for an account. John Hester, a man of wasteful habits, conveyed land and slaves to John Y. Wilkinson in trust for the benefit of his wife and children in-the State of North Carolina, on the consideration of love and affection.

Mildred McDaniel, the widow of James McDaniel, filed this bill in the chancery court at Lebanon, against the exetor and the heirs of her deceased husband, praying that dower be allowed her out of the… Held: and with this bequest in their hands asked for dower also. In this case, there was nothing given, it was only pretended to be given; the dower is not therefore an additional amount asked from her husband’s estate, but it is all she can get.

This case was tried in the circuit court of DeKalb county, by Judge Caruthers and a jury; a verdict and judgment were rendered for the plaintiff. The defendant appealed.

In this case, a judgment was rendered in the circuit court of Coffee county, against Roberts, the sheriff, and his securities, for the non-return of a fi. fa., Thomas Maney, J. presiding by interchange. The defendants appealed.

Johnson recovered a judgment against King, for $260, and fi. fa. was returned, nothing found, and Scott served with garnishment to answer what she owed King: she stated that she owed King nothing, but that she owed King & Donoho, partners, $ 100 by promissory note. At the July term, 1845, of the circuit court of Montgomery county, M. A. Martin, J. presiding, discharged • the garnishment. Johnson appealed.

This bill was filed in the Chancery Court at Carthage, by Marshall against Hill. It was heard on bill, answer, replication and proof, at the August term, 1845, by Chancellor Ridley. He dismissed the bill, and the complainant appealed. He cited 4 Yerger, 68; 3 P. Williams, 223; 1 Story Eq. J. P. sec. 251.

This action of detinue was brought by Hoggatt, trustee, against Bigley and others, in the Circuit Court of Davidson county, and was tried by Judge Maney and a jury of Davidson county, at the May term, 1845, on the plea of not guilty, and a verdict and judgment rendered in favor of the defendant.

When the books were open for the subscription of stock to build the Lebanon and Sparta Turnpike Road, Stokes subscribed stock to the amount of one thousand dollars, Calls were made from time to time till all the stock subscribed was called.. Stokes paid nothing.

James Fletcher was indicted in the circuit court of Jackson county, for the offence of passing counterfeited coin.— The indictment charged that Fletcher tendered and passed live pieces of counterfeited coin to James, a slave, the property of one Lewis B. Peterman. The defendant pleaded not guilty, and the case was submitted to a jury at the November term, 1845, Caruthers being the presiding Judge.

Caplinger, as administrator of the estate of Tyree, deceased, recovered a judgment in the circuit court against Williams, and Williams thereupon filed this bill in the chancery court at Carthage, in August, 1845, for the purpose of enjoining the enforcement of said judgment. The defendant answered, insisting that the complainant had a right to make his defence at law, and that he, not having made it, could not now urge it in equity.

This action of ejectment was brought by McKissick vs. Simmons, in the circuit court of Maury county, and a verdict and judgment rendered for the plaintiff; Dillahunty, J., presiding. The defendant appealed.

This was an action on the case by Dickinson against Smith & Hobson, on a guaranty of a bill single, in the circuit court of Davidson county. It was tried on the plea of non-as-sumpsit at the September term, 1844, and a verdict and judgment rendered in favor of the plaintiff; Judge Maney presiding. The defendants appealed.

Bodenhamer sued Bodenhamer by warrant before a justice of the peace for the county of Maury, in which the defendant was summoned to answer the plaintiff of a “plea of debt under one hundred dollars.” The case was tried before Herndon, J. and a judgment rendered for the plaintiff for $45.

This bill was filed in the Chancery Court at Columbia, by Furguson against Ellis, Simmons and Briggs, to obtain a decree for the sale of a town lot for the satisfaction of complainant’s lien as a mechanic, for the erection of buildings thereupon, áse. It was heard by Chancellor Cahal, on bill, answer, replication and proof, and a sale was ordered. The defendant appealed.

This is an action on the case brought by Napier against the State Bank in the circuit court of Davidson county, for the purpose of rendering the bank liable for neglect of duty whereby the indorsers on a note deposited in bank for collection were discharged. The case was tried by Judge Maney and a jury of Davidson county, at the May term, 1835. of the circuit court, and a verdict and judgment rendered for the amount of the note and interest. The defendant appealed.

Donston was indicted for horse-stealing, ■ in the Circuit Court of Lincoln county, and the case was submitted to a jury, at the October term, 1845, on the plea of not guilty; Judge Marchbanks presiding. The case turned chiefly on the credit due to the testimony of one Forbes, who was with the defendant as he alleged, when defendant stole the horse, he having stated in advance that he intended to go with defendant for the purpose of bringing him to justice.

This is an action of debt which was brought by Brunson against Isler, administrator of Bryan, in the circuit court of Montgomery county. The declaration set forth a note executed by Isler’s intestate, for $100, with interest at the rate of ten per cent, per annum. The defendant pleaded non est factum, and at the March term, 1845, M. A. Martin, Judge, presiding, a verdict and judgment were rendered for the plaintiff. The defendant appealed.

This case was tried on bill, answer, replication and proof, in the chancery court at Franklin. The bill was dismissed, and complainant appealed. All the material facts are stated in the opinion of the court.

This action of ejectment was tried by Judge. Totten and a jury, at the February term of the circuit court held for the county of Wayne, in 1845, and a verdict and judgment rendered for the plaintiff; from which the defendant appealed. The facts are all stated in the opinion of the court.

This is an action of assumpsit, which was tried on the pleas of non-assumpsit and statute of limitations, by Judge Caruthers and a jury of DeKalb county, at the December term, 1844, and a verdict and judgment rendered for the plaintiff. The defendants appealed.

This indictment was tried by Judge Turner and a Jury of Davidson county, in the criminal court in 1845. The defendant was convicted and ordered to be fined and imprisoned. From this judgment he appealed.

Sarah Turner, the widow of Simon Turner, intermarried with William Parham, in 1826. Each had some estate and children.

This action of ejectment by McMichael against Luther, was tried by Judge Marchbanks and a jury of Coffee county, at the February term, 1845, of the circuit court for that county, and a verdict and judgment rendered for the plaintiff. The defendant, Luther, appealed.

John, the property of Allen Brown, and Tom the property of Benjamin Hodge, were barbers in the town of Columbia acting for themselves with the permission of their masters. They earned a large sum of money which was placed in the hands of Alexander Brown to be by him loaned out, and he loaned the money to Jenkins, and took his promissory note for the money payable to himself.

This is an action by Childress, endorsee, against Whiteman, endorser, brought in the circuit court of Davidson county. There were three counts in the declaration. The iirst is in the usual form on the endorsement; the second is for money lent and advanced, paid, laid out and expended, and had and received.

This is a' bill which was filed in the chancery court at Murfreesboro’, by Wood against North, for the recission of a contract of purchase of a tract of land lying in Rutherford county. North was the executor of his father’s will, and without authority from the will, exposed to sale with the other property of the deceased, a tract of land which the complainant purchased, and executed his notes for the payment of the purchase money.

This bill was filed by A. B. Robertson & Yeatman, partners, and others, .creditors of King, against Sublett and McElroy, seeking a distribution of certain funds in accordance with the terms of a trust deed, in which , they alleged there were beneficiaries. The bill was filed in the chancery court at Murfreesboro’, and was heard at the July term, 1845, by chancellor Cahal, on bill, answer, replication and proof. A decree was entered for complainants, directing an account.

The defendant was tried for the offence of stealing a slave, by Judge S. Anderson and a jury of Rutherford, at the November term of the circuit court held for that county in 1845. He was convicted and sentenced to five years confinement in the penitentiary. He appealed.

The Union Bank brought this action in the circuit court of Maury, against Osborne, an endorser upon a lost endorsement. The declaration averred the loss, but, no affidavit accompanied the declaration: the defendant pleaded payment, set off, and non-assumpsit, and on these pleas a verdict was rendered for the plaintiff. A motion was made in arrest of judgment, and Dillahunty, the presiding Judge, arrested the judgment, and the plaintiff appealed.

This case was dismissed at the January term, 1845, of the circuit court held for Davidson, by the presiding Judge, Maney. The plaintiff filed his bill of exceptions to the action of the court, and appealed from the judgment of dismissal.

This is an action of assumpsit which was brought in the circuit court of Williamson county, by the heirs of Nicholas P. Smith, against Alexander & Bostick. The plaintiffs declared for money had and received, and the case was tried on the pleas of non-assumpsit and set off, at the March term, 1845, by Judge Maney and a jury. A verdict was rendered for the defendants, upon which judgment was rendered. The plaintiffs appealed. He cited Hughlett vs. Hughlett, 5 Hum. 453; 8 Com.

This is an action of assumpsit which was brought by Davis against Mathews, in the circuit court of Robertson county.

This case of garnishment was tried by Judge Caruthers, in the circuit court of Overton county. He discharged the garnishee, and 1he plaintiff appealed. The records do not show who appeared for defendant.

The defendant was tried , by Judge Turner and a jury of Davidson in the criminal court of the said county, and convicted of the offence of horse stealing, and sentenced to five years confinement in the penitentiary. He appealed from this judgment.

On the 14th day of November, 1844, Merritt filed his petition in the circuit court of Williamson county, against A. Parks, administrator of Neely.

This is an action on the case instituted in the circuit court of Maury county, and upon the plea of defendant, a verdict and judgment were rendered for the defendant, Dillahunty J. presiding. The plaintiff appealed.

In this action of trover, a verdict and judgment were rendered in favor of the plaintiff. Anderson, Judge, presiding. The defendant appealed.

This is an action of ejectment, instituted in the circuit court of Van Burén county, by Rodgers against Campbell. It was tried at the December term, 1844, Marchbanks being the Judge presiding. A verdict and judgment were rendered for the defendant, and plaintiff appealed.

This bill was filed in the chancery court of Franklin, by Irwin against Burnett, to enjoin the enforcement of a judgment obtained by Burnett against him. The judgment was recovered on a note executed to Burnett by Irwin in consideration of a slave which Irwin never obtained. This case was tried by Chancellor Cahal, on bill, answer, replication and proof.

The heirs of William Rainey, deceased, conveyed to James Rainey and his wife, Eliza, a tract of land lying in the county of Giles. This deed was made by way of partition and assignment to her of her interest in the estate of her. father.

Elder brought this action of covenant in the circuit court of Montgomery county, against Burrus. Plea, covenant performed an issue.

This is an action of debt which was brought by the may- or and aldermen of Franklin, against Job Maberry, for the recovery of the sum of $75, the cost of constructing a pavement fronting the lot of said Maberry, in the town of Franklin. The case was tried by Judge Maney and a jury on the plea of nil débete and a verdict and judgment were rendered for the plaintiff. The defendant appealed.

This action was brought in the circuit court of Davidson county by Hart against Yeatman & Armistead. A verdict and judgment were rendered for the plaintiff, Maney, Judge, presiding. The defendants appealed.

J. Brown furnished D. Kilcrease with land warrants, and Kilcrease located them on thirteen different tracts, containing in all nine hundred’and fifty-five acres, and obtained grants in his own name. Said lands were in the county of Lawrence. On the 6th March, 1823, Kilcrease gave Brown a penal bond binding him to convey one half of said land to him. One of the tracts specified in said bond was a tract for 278 acres.

Patterson sued Napier in 1039, and Napier was arrested. Nicholson become his bail; judgment was obtained against Napier in the circuit court of Davidson county; a ca. sa. issued against Napier, and was returned not found; no. scire facias was issued against Nicholson, returnable to the next succeeding term, as required by the provisions of the act of 1825, ch. 33, but after the lapse of a term, the scire facias was issued and executed on Nicholson.

This case was tried on bill, answer, replication and proof, in the chancery court at Franklin, and a decree rendered for the complainant, from which defendant appealed.

Debt in the circuit court of Madison county, by Daniel against Rawlings and Butler. It was. tried on a special plea and demurrer; a verdict and judgment] were rendered for the defendants. The plaintiff appealed.

Evans suedGibbs and Marr in covenant in the circuit court of Obion county. The declaration avers the execution of a writing obligatory by Marr and Gibbs to Evans for $2048.

This is a bill which was filed in the chancery court at Dresden, seeking the subjection of certain real and personal estate to the satisfaction of complainant’s judgment. The defendants demurred .to the bill, and the demurrer was argued before chancellor McCampbell on 22d August, 1845. He sustained the demurrer and dismissed the bill. The complainant appealed.

This case was tried in the criminal court of Shelby county, and the defendant convicted of manslaughter, King, J. presiding. The defendant appealed. The plaintiff in error was indicted in the criminal court of Shelby county, for murder in the first degree. The record shows that he was tried on that indictment at the. October term, 1845, of .said. court, and the jury found him not guilty of murder, but guilty of voluntary manslaughter.

This is a bill which' was filed in the chancery court at Sommerville. The defendant answered, and it was heard by Chancellor McCampbell, on bill, answer, replication and proof, at the November term, 1845. He dismissed the bill, and the complainant appealed from the decree.

This is a petition filed in the circuit court of Fayette county, by a portion of the distributees of the estate of Willie Shaw, deceased, against the others, praying a distribution of the personal estate. The presiding Judge, Dunlap, decreed against the defendants, from which they appealed.

This action of ejectment was brought by Hay ag Guire, to recover land lying in Haywood county, of the circuit court, regarding himself incompetent, the papers to be transmitted to Hardeman county, was ordered back by the Judge of that circuit, and it was ordered to Gibson. It was remanded; and wai by Judge Dunlap and a jury of Haywood county, and a ver^ diet and judgment rendered for the plaintiff.

Read recovered judgment against Rutherford, in the circuit court of Haywood, in October, 1840. A fi.fa. issued and was levied on the land of Rutherford on the 7th day of October, 1841. Rutherford died on the 4th; scire facias was issued against the heirs, and the land was ordered to be sold, and Read became the purchaser.. The widow, Mary Rutherford, filed her petition for dower in the circuit court of Haywood, and Read was made a defendant on his motion.

Tate was indicted in the circuit court of Shelby county, for obtaining money by false pretences; he was found guilty by the jury, who fixed his term of punishment at three years in the penitentiary. A motion for a new trial was overruled, and a motion in arrest of judgment made and sustained by the court, King, the presiding Judge. The attorney General, on behalf of the State, appealed from the judgment.

This bill was filed in the chancery court at Huntingdon; the defendant demurred thereto; and at the August term, 1845, the presiding chancellor, McCampbell, overruled the demurrer and required the defendant to give securities for the forthcoming of the slave after the termination of the life estate. The defendant appealed.

This scirefacias to revive a judgment was tried on plea to the scire facias, replication and demurrer thereto, by Judge Harris, and judgment rendered for the plaintiffs, from which defendant, Dougherty, appealed. • The sci.fa. in this cause is defective, and ought to have been quashed by the court below. 1. Because it claims the land for the heirs and executor both, without showing that they are entitled to it. 2.

This action of trespass was tried on demurrer to defendant’s plea, at the December term of the Madison circuit court, 1845, Read, J. of.the tenth circuit presiding, and a judgment rendered for the defendant. Plaintiff appealed.-

This case was tried by* Judge Read and a jury of Madison county, and a verdict and judgment rendered for the State. The defendant appealed.

This case was tried in the chancery court at Huntingdon, on bill, answer, replication and proof. There was a decree for the complainant, and the defendant appealed.

This bill was filed in the chancery court at Trenton, by Burrow against the Bank of Tennessee. It was tried on bill, answer, replication and proof, at the September term, 1845, by Chancellor McCampbell. He dismissed the bill— complainant appealed. .

Childress recovered a judgment in the circuit court of Haywood county against Ware, on anote executed by Ware to Miller. Ware filed his bill in the chancery court at Brownsville, and obtained an injunction against the judgment. The State of Tennessee filed her cross-bill, claiming the proceeds of the note; and the cases were heard on bill and cross-bill, answers, replication and proof. The chancellor dismissed the bill and cross-bill. The State appealed.

This is an action of ejectment instituted by Heffly-against Hall, in, the circuit court of Henderson. It was tried on the general issue, and a verdict rendered in favor of the defendant. . The plaintiff appealed, and the judgment was reversed in the supreme court at the April term, 1845, (see 5 Humph.) It was again tried by Judge Read and' a jury of Henderson at the April term, 1846.

<p>The circuit courts have no jurisdiction to settle the contested rights of distributees and administrator, and to decree distribution.</p>

This case was tried in the chancery court at Huntingdon, on bill, answer, replication and proof, by chancellor McCamp-bell. He decreed in favor of complainants, and defendant appealed.

<p>1. A plea to the merits of an action on a lost bond waives objections to the regularity of the proceedings, under the act of 1819, eh. 27.</p> <p>2. It is the duty of the circuit judge when judgment is rendered on a lost instrument, under the statute, to stay execution till a bond of indemnity is given according to the statute, and if such stay is not ordered, it will be error.</p>

This issue, as to the validity of the will of T. McLean, was tried by Judge Harris and a jury of Henry county, and a verdict and judgment rendered for the defendant, establishing the validity of the will. The plaintiff appealed.

This is a bill which was filed in the chancery court at Huntingdon, by Ballard against Jones and Ingram. Jones advanced money to Ballard, and took a bill of sale of a slave from Ballard as a security for its repayment. Jones sold the slave to Ingram; and this bill is filed for the purpose of having the bill of sale declared a mortgage, and for an account against Jones and Ingram, of the value of the slave and hire.

This is an action of ejectment brought by Chester in the commercial and criminal court of Memphis, for the recovery of a lot of ground adjoining the town of Memphis, in the possession of and claimed… Held: that, coming into office by color of an election or appointment he was an officer defacto, and his acts were valid till he was removed, and his acting as such was conclusive. His title should not be enquired into. — Wilcox vs. Smith, 5 Wend. 231.

Burrow and Bell filed this bill in the chancery court at ■ Huntingdon against Ragland.

This is an action of trover brought by Beaufort, the administrator of Dabney Collier, against Mrs. I. Collier, the widow of said Dabney, for the recovery of certain slaves in the possession of said widow. White died, leaving an unmarried sister, Isabella White.

This is a petition for a mandamus, which was filed by Barnhart against Dougherty, the surveyor of the 12th district, and against Neisler. It was tried on petition, answers and proof, and at the May term, 1839, a peremptory mandamus was ordered by the presiding Judge, W. R. Harris. The defendant appealed.

Lacy filed this petition for a mandamus against the entry taker of Madison county, and Anderson was made defendant, on motion. At the December term of the circuit court held for Madison county in 1845, Read, Judge, presiding, the petition was heard on answer, and proof, and a peremptory mandamus awarded. The defendant, Anderson, appealed.

This is a petition for a mandamus filed by Fleming against Watson, surveyor of Obion county, to compel him to make a survey. Caldwell, the opposing claimant of the land, was made a party, and the cause was tried by Judge Fitzgerald, on petition, answer and proof. He awarded a peremptory mandamus. The defendant appealed.

Taylor brought this action of ejectment against Donegan and others, in the circuit court of Gibson. It was tried by Harris, J., and a jury of Gibson c.ounty, at the July term, 1844, and a verdict and judgment rendered for the plaintiff.

This bill was filed in the. chancery court at Brownsville, and was heard on bill, answer, replication and proof, by Chancellor McCampbell. He dismissed the bill, and complainant appealed.

This is an action of trover by Watson, trustee, against Trotter, sheriff, for the sale of property by execution which had been conveyed to plaintiff, in trust; was brought in the circuit court of Fayette, and a verdict and judgment rendered in favor of the plaintiff for the value of the property sold, by Judge Dunlap and a jury of Fayette county. The defendant filed his bill of exceptions, and appealed. 1.

On the 28th day of September, 1841, Jacobs, as President of the Hiwassee Rail Road Company, executed a note, binding that company to pay to said Jacobs the sum of $5,641, negotiable and payable at the Branch of the Union Bank at Knoxville, four months after date. The note was endorsed by Jacobs to Trautwine, and by Trautwine to the Union Bank, and delivered to the president and directors of the Bank, and discounted by the Bank for the benefit of the Hiwassee company.

This case was heard by Chancellor Williams, on bill, answer, replication and proof. A decree was given in favor of the defendant, from which the complainant appealed.