Volume 26 — Tennessee Reports

<p>A charge in an indictment, under the act of 1841, ch. 31, that certain persons were judges of the election, is a sufficient averment that they were duly made and appointed judges.</p>

Under this statute Cockreham was indicted in the Circuit Court of Hawkins county. The indictment charged, that Cockreham “did unlawfully, contemptuously and of purpose, interrupt a congregation of Methodists, then and there assembled for the purpose of worshipping the deity, by then there talking and swearing with a loud voice, contrary to the statute,” &c. The case was submitted to a jury on the plea of not guilty. The evidence is not set out in the bill of exceptions.

<p>This case was tried by Judge Luckey, and a verdict and judgment rendered for the plaintiff, and defendant appealed.</p>

This is an indictment for bigamy. It was tried in the Circuit Court, held for the county of Grainger. The defendant, Rice, was found guilty by a jury, and sentenced to two years confinement in the Penitentiary, by Anderson, presiding Judge. He appealed for an error in the rejection of testimony offered to disprove certificates of marriage.

Alexander sued George Gray, by warrant, before a justice of the peace, of Cocke county, to'recover back a sum of money he had paid to-said Gray as a witness. A judgment was rendered in favor of Alexander for eight dollars. Gray appealed. The case was tried before Judge Anderson, and a jury of Cocke county, and a verdict and judgment rendered in favor of the plaintiff for the amount recovered below. And the defendant appealed to the Supreme Court.

This case was heard on bill, answer, replication and proof, and a decree rendered at the May term, 1846, of the Chancery Court at Jonesborough, by Chancellor Williams, in favor of the complainant. Defendant appealed.

This case was tried by Judge Luckey, and' a jury of Monroe county, and a verdict and judgment rendered for the plaintiff. Defendant appealed.

This case was heard on bill, answer, replication and proof, and a decree rendered in favor of the defendant, from which the complainant appealed,

This motion was made in the Circuit Court of Sevier county, on the 8th day of August, 1846, by the President, Directors and Company of theUnionBank ofTennessee against Howard, sheriff of Sevier county, and his securities. It appeared, that on the 6th day of April, 1846, a fi.fa. was placed in the hands of the sheriff of Sevier county, by the Clerk of the Circuit Court of Sevier, in favor of the President and Directors of the Bank of Tennessee.

<p>Where parties to a suit submit the matter in controversy to arbitration, the arbitrators,can make no award on matters not involved in the suit, except by express agreement of the parties.</p>

<p>The records do not show who appeared in the case for the parties.</p>

This case was tried by Judge R. M. Anderson, and a jury of Claiborne county, and a verdict rendered in favor of the State. The court overruled the judgment, and the Attorney General appealed.

This is an action of covenant: plea covenant performed* It was tried at the July term of the Circuit Court held for Hamilton county, and a verdict and judgment rendered for the plaintiff, G. W. Rowles presiding. The defendant appealed.

<p>Usury is not an inference of law, to be drawn from the inequality of a currency loaned and that stipulated to be repaid for it; but on the contrary, is a question of intention, to be made out by proof of facts.</p>

This case was tried in the county of Sevier. The presiding Judge, R. M. Anderson, quashed the warrant, and the State appealed.

In this case the following decree was entered by the presiding Chancellor at Pilteville. “Be it remembered, that this cause came on tobe heard before the Honorable B. L. Ridley, this 10th of March, 1846, upon bill, answer, replication and proof, when it appeared to the satisfaction of the court, that on the 2d day of December, 1839, one Elijah C. Rice and others, made a note for the sum of eighteen hundred dollars, and payable to the defendant, at Knoxville, four months…

Rodgers, with horse and carryall was carried over the Chucky river by Smith in his ferry boat. Smith was the keeper of a public ferry. When over Smith demanded ferriage, which Rodgers said was airead}7 paid: on this a dispute occurred, and Smith told him he should not go on till he paid the ferriage. Some other conversation ensued, when Rodgers paid the fer-riage demanded. Rodgerswas detained ten or fifteen minutes.

This case was tried by Judge Dunlap and a jury of Roane county, and the defendant, Britt, was convicted and sentenced to confinement in the Penitentiary of the State. He appealed in error to the Supreme Court.

Williams was indicted for perjury in the Circuit Court of Claiborne county, and a verdict and judgment rendered against him, from which he appealed in error.

<p>A commissioner to value improvements on land in the Ocoee District, under 7th section of the act of 1837, ch. 2, cannot be appointed by the deputy of the entry taker.</p> <p>He can only be appointed by the principal.</p>

This is a bill which was filed in the Chancery Court at Knoxville, by Cynthia Kennedy against John Williams, executor of John M. Kennedy.

McGuire an unnaturalized Irishman was indicted in the Circuit Court of Greene County, for having voted in an election contrary to law. He was found guilty by a jury and sentenced by Luckey, the presiding judge, to pay a fine of fifty cents and the costs. He appealed.

This case was heard on bill, answer, replication and proof, and a decree rendered by the presiding Chancellor, Williams, for the complainants.

<p>3- A petition for a supersedeas against an execution on a delivery bond, should state that the slave was delivered, or it will be dismissed on motion.</p> <p>2. A petitioner for a supersedeas against an execution on a delivery bond, having stated that the slave levied on was his own, cannot be permitted to assert that the slave was the slave of the principal, and not his own.</p> <p>3. The act of Assembly, requiring the sheriff to exhaust the property of the principal before he seises the property of the surety, is directory only. If under such circumstances the sheriff sells, the sale is valid, and the sheriff is liable in damages to the security.</p> <p>4. When a sheriff is no party, he may amend his return at any time, so as to state the truth of the case.</p>

This case was tried by Judge Luckey, and a jury of Greene county, and a verdict and judgment rendered for the defendant, from which the plaintiff appealed.

Cummings and Brownlow were indicted in the Circuit Court of Jefferson County, for a libel on Lewis Reneau. The indictment was declared invalid on demurer, and judgment was given for the defendants.

Crockett and Woodson brought this action of assumpsit in the Circuit Court of Claiborne county, against Beaty. Plea non-assumpsit and issue. At the January term, 1844, the cause was discontinued by the judgment of the court, and the plaintiffs appealed.

This case was heard on bill, answer, replication and proof, in the Chancery Court at Rodgersville, by Chancellor Ridley, and decree rendered for the complainant. Defendant appealed.

The Bank of the State of Tennessee brought this action of debt in the Circuit Court of Sevier county against Cowan, Mullendore and Henderson, and on pleas of nil debet and non est factum, a verdict and judgment were rendered at the April term, 1845, in favor of the defendants. The presiding Judge, R. M. Anderson, refused a new trial to the plaintiff. Plaintiff appealed.

The following decree was entered in this case in the Chancery Court at Greenville. “On this 12th day of May 1846, this cause came on for final hearing before the Honorable Thomas L. Williams, Chancellor, upon the pleadings, exhibits, proofs and Master’s report, made in pursuance of the order of the last term, and a motion having been made to set aside said report, and to recommend the same to the Master, to report upon other matters not embraced in the order of reference of…

<p>1. The suggestion of tho insolvency of an estate to the County Court, and notice to creditors to file their claims, does not furnish matter in bar of a pending suit. The creditor may proceed to judgment, and if he does not file his claim he fails to do so at his peril.</p> <p>2. Where the damages given by the jury exceeds those laid in the suit, it is error; but the excess may be remitted. 4</p>

This bill was filed in the Chancery Court at Jonesborough, and came to a hearing on bill, answer, replication and proof, before Chancellor Williams, and decree rendered, from which complainant appealed.

In 1837 the Legislature of the State of Tennessee passed a la,w to dispose of the public lands lying in the Ocoee District. This act provided for the entry of the land for stated terms of time, at stated prices, giving the occupant the preference for given terms, at the stated prices.

Stockton purchased a drove of mules from Eubank and Gar-nett, and as a security for the payment of the purchase money, ($1140,) agreed to execute a mortgage on 150 acres of land, in Meigs county. Roddy was present at the time of the purchase in the State of Kentucky, and accompanied Stocktoti with the mules to Tennessee. Stockton executed the mortgage on the 23d day of September, 1841, to Eubank and Gar-nett.

This bill was filed by Sparks, in the Chancery Court at Cleaveland, Bradley county, against the heirs and representatives of White and others.

Loyd Ford on the 1st of March, 1840, made a will, which directed an emancipation of his slaves, John Ford and others, and appointed two of his sons, James and Grant Ford, ex’rs. These sons refused to act as executors, and the slaves by their next friend, Pbebe Stuart, offered the will for probate in the County Court of Washington county. The case was certified to the Circuit Court of Washington county.

<p>Wlicre a partner sells his interest in a partnership concern, he has no lien on the partnership property for the payment of partnership debts for which he is liable. When he retired, he trusted to the personal covenant of his assignees.</p>

<p>An amendment to a petition for a writ of certiorari and supersedeas should be receive ed with jealousy and awarded with caution; but being granted, the court should not on a motion to dismiss confine its consideration alone to the original petition.</p>

<p>A testamentary guardian lias the legal right to the possession and custody uf his ward. This legal right will be controlled, where the interest of the child obviously re* tpiircs it.</p>

<p>Iii case of garnishment, if the answer be not sufficiently specific to charge him, the garnishee will be discharged. A suspicion arising on the face of the answer of a fraudulent transfer of property to avoid process, will not be sufficient to charge him.</p>

In 1825, the legislature of the State directed the sale of lands reserved for the use of schools, and portions of them were sold. The Supreme Court of the State declared the law unconstitutional and invalid.

This bill was filed in the Chancery Court at Franklin, by Isler, administrator of Bryan, against Turner. It was heard by Chancellor Cahal, on bill, answers, replication and proof, and the bill dismissed.

This is an action of ejectment which was brought in the Circuit Court of Williamson county, and tried by Judge Maney and a jury of Williamson county, and a verdict and judgment rendered against the plaintiff, from which he appealed.

<p>1. A judgment, by motion, against an officer and a part of his sureties, is erroneous; unless a surety be dead and have no administrator, or none known.</p> <p>2. The non-return of an execution must be affirmatively proven, to authorize a judgment by motion.</p> <p>3. On a motionfor a non-return of ajf?. fa.y the insufficiency of the return cannot be proved by a copy.</p>

<p>The caption of a record must show the court was held at the place required by law.</p>

<p>1 Where a judgment has gone against a party in court of law, where he had an unembarrassed defence, he cannot be afterwards heard in equity, unless he is prevented from making his defence at law by accident or fraud, or fault of the other party, without negligence on his part»</p> <p>2. The act of 1844, ch. 1GT, authorizing the filing bills to defeat usurious contracts, applies to cases of contracts entered into, or judgments ohtained before its enactment. This statute is constitutional, as it does not impair a light but furnishes a remedy.</p>

<p>A clerk of a court is not subject to garnishment for monies received by him. Such funds a'*c subject to the control of the court whilst in his hands as an officer of the court.</p>

In this case a verdict and judgment were rendered in the Circuit Court of Stewart county, Martin, Judge, presiding for the plaintiff^ and defendant appealed. All the material facts are stated in the opinion of the court.

Prince, a slave, the property of Amos London, was indicted for robbery in the Circuit Court of Giles county, and acquitted. London made a motion to tax the costs of defendant’s witnesses against the county of Giles.

This case was heard on bills, answers, replications and proof in the Chancery Court at Clarksville, by Chancellor McCamp-bell. He dismissed the bill, and complainant appealed.

<p>When a judgment is obtained against administrator or executor within six months after qualification and execution within less than twelve months; it is hold that a Court of Chancery has no jurisdiction to enjoin such judgment.</p>

This is a petition for a mandamus, which was filed in the Circuit Court, held for the county of Cannon, against the Justices of the County Court of Cannon county; There was a demurrer filed to the petition, which was overruled and judgment rendered for the petitioners.

The defendant, Duncan, was indicted'and convicted in the Criminal Court of Davidson county, for unlawfully carrying away a slave by steamboat, Turner, Judge, presiding.

Flemming and Cosby were indicted in the Circuit Court of Rutherford county, for selling spirituous liquors contrary to the provisions of the act of assembly. The acts of 1799, 1831 and 1832, make the sale of liquors in a less quantity than a quart without a license obtained by the payment of $25, indictable. N. and C. 510. The act of 1837 — 8, (N. 289,) repeals the power of license and subjects all sale of liquors by the small to indictment.

<p>The defendant Brown was indicted and convicted in the Circuit Court of Davidson county, before Turner, J. And he appealed therefrom.</p>

Carter was convicted at the Criminal Court of Davidson county, of the offence of retailing spirituous liquors. The judgment was arrested by Turner, the presiding Judge, and the State appealed.

This indictment was tried in the Circuit Court of Williamson county. The defendant submitted, and was ordered, by the presiding Judge, Maney, to be fined and imprisoned. He appealed from his judgment.

The grand jury of Davidson county returned a true bill of indictment against Chick.

This is an action of assumpsit, instituted in the Circuit Court of Davidson county, against Irwin for negro hire. There was a plea of non assumpsit, and a verdict and judgment rendered, (judge Maney presiding,) in favor of the plaintiff.

This bill was filed in the Chancery Court at Columbia, to declare void a sale of real estate. A judgment was recovered on attachment against T. J. Porter, before the period of six months after process returned had elapsed, and realestate was sold and Partee became the purchaser. This bill was filed by the widow and heirs of Porter against Partee, to set such sale aside.

Garret was the guardian of the minor heirs of Bouie, and Pucket was one of the sureties on the guardian bond. A bill was filed in the Chancery Court at Franklin, against Garret, Pucket and the other sureties, by Sarah Bouie, the subsequent guardian for an account.

The plaintiff in error, Teas, was indicted for an assault in the Circuit Court of Humphreys county, where at the August term, 1845, he was convicted, Martin, Judge, presiding. The case was brought up by writ of error.

The bill in this case was filed by P. Porter against H. Baldwin and wife, Mary Baldwin, in the Chancery Court of Franklin, to subject the separate estate of said Mary, to the payment of a debt due for house rent.

A decree was rendered in this case, in the Chancery Court at Franklin, in favor of the complainant by the presiding Chancellor, Cahal. The defendant appealed.

<p>Where a specific sura,, to be paid weekly, was decreed to he paid by the husband to the wife during the pendency of a bill for a divorce, and the bill was dismissed before payment: it is held, that the court had no power to enforce the payment of it for the separate use of the wife.</p>

This is an action of debt, brought to the Circuit Court of Giles county, by appeal from a justice of the peace. Held: that in an action by the payee against the maker, the latter was allowed to give in evidence a verbal agreement intered into when the note was given, that it should be delivered up on his procuring a purchaser for certain lands for the payee, at a specified price, which condition had been performed.

<p>An officer will not be held liable for the non-return of an execution, when his failure has been produced by the instruction or intermedling of plaintiff.</p>

<p>The charter and laws of a town are not public ordinances, and must be proved.</p>

This action was tried on the plea of not guilty, in the Circuit Court of Davidson county, where a verdict and judgment were rendered in favor of the plaintiff, Maney, Judge, presiding.

This is a motion which was made in the Circuit Court of Stewart county, against Boughton,’Sheriff, and his securities, on his bond given for the collection and payment of the State Taxes in the county of Stewart. The bond was given for the years 1844 and 1845. He failed to pay over the money, and judgment was rendered against him and securities in the Circuit Court of Stewart, by Martin, the presiding Judge. They appealed.

T. & J. Wells, citizens of Louisiana, were indebted to Cage a large sum of money, and an attachment bill levied on a race mare, as the property of said Wells’, in the county of Sumner, was returned to the Chancery Court at Gajlatin, at the instance of Cage against said Wells’. The Wells’ answered the bill and declared that the property did not belong to them, but that it was conveyed by act of record to their wives.

This bill was filed by Boyers against Elliott, in the Chancery Court at Gallatin. ’Boyers formed by deed a partnership with Morris & Boddie, for the manufacture of paper. Morris, who was the owner of 160 acres of land on which the paper mill was to be erected, made on the books of the firm the following entry: “PapeR Mill, Dr. “To WalteR B. MoRRis, 160 acres of land, $408.” He conveyed half the land afterwards to the other partners of the firm.

Morgan procured the issuance of an attachment against New-comb, returnable to the Circuit Court of Davidson county. The affidavit declared, that “the steamboat Belle of Nashville, of which H. H. Newcomb is owner, or one of the owners and master, is justly indebted to the said Jas.

A verdict and judgment were rendered in this case in the Circuit Court of Davidson county, in favor of plaintiffi at the September term, 1846; Maney, Judge, presiding.

This is an action by Poncl against Burnes and his sureties, on his bond for the performance of the duties of constable. A verdict and judgment were rendered in favor of the plaintiff, Dillahunty, Judge, presiding, from which the defendant appealed.

This is an action of debt instituted by the Commissioners of the Caperton Cove School Tract against Fitzpatrick, Gibson, and Ryan Caperton, in the Circuit Court of Franklin county, on the following note: “One day after date, we or .either of us, promise to pay William Jackson and others, Commissioners of the Caperton Cove Tract of School Land, $671.29, value received/’. Signed, RYAN CAPERTON, B. F. GIBSON, JOHN FITZPATRICK. Gibson and Fitzpatrick, pleaded, non est factum.

This is a bill which was filed in the Chancery Court at Franklin, by McNairy and Hay against Marshall and his sureties for the performance of his duties as marshal. At the final hearing on bill, answer, replication and proof a decree for an account was rendered by the presiding Chancellor, Cahal, for the complainants, from which decree complainants appealed.

This is a bill which was'filed in the Chancery Court at Lebanon. It was dismissed by the presiding Chancellor, Ridley, for the reasons apparent on the face of the bill, and the complainants appealed.

This case was tried on bill and demurrer thereto, by Chancellor Ridley. He sustained the demurrer and dismissed the bill, and complainant appealed.

This action of assumpsit was tried in the Circuit Court of Franklin county, by-Judge Marchbanks and a jury and a verdict and judgment in favor of the plaintiff against one of the defendants who alone appealed.

This bill was filed by Thomas Brown in the Chancery Court at Franklin against Wallace Dixon, Sam. Vanlier, Lanier, Doyle and others. Held: “That the trustee in an assignment for the benefit of creditors, or the creditor himself where the property is assigned to secure a pre-existing debt, stands in the shoes of the assignee, and can take no other title than that of such assignee.” (See Bay vs. Coddington 20 Johns.

An indictment was found against Moffatt for perjury in the circuit court of Bedford county. This indictment is in the following words: “State of Tennessee, Bedford county, Circuit Court for said county, August term, in the year of our Lord eighteen hundred and forty-six.

This action of debt was tried in the circuit court of Smith county, by Judge Caruthers, and a jury, and verdict and judgment rendered in favor of plaintiff, Duffy, against Bennet, Hubbard and others. All appealed except Bennet.

Sims instituted his action of ejectment against Crowder in the Circuit Court of White county, Judge Caruthers presiding, and a verdict and judgment were rendered in favor of Sims. Crowder appealed from the judgment.

This is a bill for an account filed by Martin, administrator of Butcher, in the Chancery Court at Smithville, against Ramsey. The defendant pleaded in abatement.

This is a bill filed by W. W. Outlaw, and his surety W. Outlaw, against Morris, for the rescission of a contract for the purchase of land. It was filed in the Chancery Court at Clarks-ville, and at the hearing on bill, answer, replication and proof, a decree was entered rescinding the contract, and ordering that the defendant recover the value of the premises during the time they were possessed by the complainant.

This case was tried in the Circuit Court of Overton county, by judge Caruthers and a jury, and a verdict and judgment rendered for the defendant, from which the plaintiff appealed.

In this case of petition for the sale of real estate in Smith county by the proprietors for the purpose of division, the sale was ordered and was made by the clerk. An application was made to open the biddings, but tbe presiding judge, Caruthers, refused the application and confirmed the sale. The petitioners appealed.

This is an action of assumpsit, instituted in the Circuit Court of White county. It was tried on the plea of non-assumpsit by Judge Caruthers and a jury of the county, and a verdict and judgment rendered for the defendant.

The Bank of Tennessee recovered a judgment against Jenkins, principal in a promissory note, A.. W. and W. Dibrell and Sam. Turney endorsers, in the Circuit Court of White county. An execution issued and was levied on some slaves as the property of A. Dibrell, of value sufficient to pay the debt. Tur-ney indemnified the sheriff, and directed him to sell. The bank, however, forbid the sale. An alias fi-fa. was issued and levied on the property of Turney.

<p>A bond taken for the delivery of property to a sheriff after the return day of the Ji-fa*, where there was not time for sale before the return day, is a valid bond.</p>

This is a cross bill which was filed in the Chancery Court at Sparta, by James Simpson against Dibrell, administrator of William Simpson, Eliza. Simpsou and Weaver. It was heard on bill, answer, replication and proof, by Chancellor Ridley, and a decree entered for complainant.

This is a scire facias which was issued on a judgment for four hundred dollars, debt, in the Circuit Court of Hickman county. A verdict was rendered for the plaintiff, and the presiding Judge, Dillahunty, arrested the judgment, and the plaintiff’in the scire facias appealed.

This is an attachment bill filed by Rutland, Clerk and Master of the Chancery Court, at Lebanon, in the said Chancery Court, for the purpose of securing property to meet a certain note then in suit in the Circuit Court of Wilson county, which had been executed to him as Clerk and Master, for the benefit of the creditors of McDaniel. The presiding Chancellor, Ridley, on motion, discharged the attachment, and dismissed the bill.

There were two suits instituted by Kannon against Pillow, in the Circuit Court of Maury county — one suit for rent, in the form of assumpsit, the declaration containing three counts: the first, a… Held: that the purchaser of a slave, who had refused to reconvey to the execution debtor upon a lawful tender under the act of 1820, was bound for hire from the lime of the tender. Would not the doctrine be the same, if the purchaser actually reconveys but retains possession?

McClelland sued Daniel and Murphy in covenant, in the Circuit Court of Overton county. On the plea of covenants performed, a verdict and judgment were rendered in favor of the plaintiff, Caruthers, J., presiding

This bill, filed in the Chancery Court at Nashville, charges that the complainant was a merchant in Nashville some years since, in partnership with Gould. That whilst such merchant he married the daughter of defendant, who was then a widow. That the defendant was a man of considerable property, and able to provide amply for his daughter.

This bill was filed by John Stockard against Granberry, administrator of Samuel Stockard, deceased, in the Chancery Court at Columbia. W. Craig made a note payable at the State Bank at Columbia, on which John Stockard was the second endorser, and Samuel Stockard the third and last endorser. They were accommodation endorsers.

This is a bill which was filed in the Chancery Court at Carthage against William McCormack and others, distributees of Judith McCormack, by Williams, to enjoin a judgment obtained against him for the price of a slave which he had purchased at the administration sale. Tho case was heard on bill, answer, replication and proof, before Chancellor Ridley.

Lucas was the guardian of the heirs of Johnson, deceased, and gave bond for the performance of the trust, which bond was without a penalty and in blank. Lucas being embarrassed and having creditors, conveyed by deed of mortgage several slaves to Dotson, to indemnify him against loss as his surety in his guardian bond.- He conveyed the slaves afterward? to Dotson by absolute bill of sale.

William Patton died in Williamson county, having first made a will, in which he bequeathed his land and slaves to his two. brothers, John and Samuel. These were of great value. He made donations of five dollars to each of his other living brothers and sisters, and the same amount to the representatives of each of his deceased brothers and sisters. Samuel and John were constituted executors.

This bill was filed by Tilman in the Chancery Court at Lebanon, against Searcy and others. It was tried on bill, answer, replication and proof, and a decree for the complainant was entered; Ridley, Chancellor-. It is not champerty or maintenance for a person who has an interest in the thing in suit, to assist and intermeddle in it. 8 John. R. 220; 20 John. R. 386-401; 2 Roll. Ab. 115. Even a contingent interest is sufficient. 3 Cowen, 623.

Edwards sold to Hancock a slave for $500. One hundred and forty-four dollars were paid, and a bill single executed for the balance, payable one day after date, with Powell as surety. A judgment was obtained on this bill single a short time after its execution.

Arnold sued Elliott in the Circuit Court of Rutherford county, in debt, on a promissory note. Elliott pleaded his discharge under the bankrupt law of the 19th August, 1841. The complainant replied, that defendant promised to pay the debt after the discharge aforesaid. To this replication there was a demurrer. This demurrer was on argument overruled.

This is a bill which was filed in the Chancery Court at Mur-freesborough, by Weakley against Watkins and Ferguson, to obtain the cancellation of a note under seal, executed upon a gaming consideration, after a judgment had been obtained on it against Ferguson alone. Ferguson was the surety of Weak-ley, and a joint obligor; and Watkins was the obligee. The defendant, Watkins, demurred to the bill. This demurrer was overruled, and he was ordered to answer.

Mitchell executed a note payable to Trice; Trice endorsed and delivered it to Reeves, and’Reeves endorsed and delivered it to Frierson & Hughes; and they instituted an action of debt in the Circuit… Held: that the holder may make use of the same form of action as the payee. Consequently as debt will lie by the payee of a note against the maker, so it may be sustained by the endorsee of the payee, or the endorsee of such endorser, against the maker.

On the first day of October 1844, James Tubb filed his bill of complaint in the Chancery Court at Smithville, against Wm. Williams, Samuel Williams, Sampson Brasswell, and Munson M. Brien, administrator of Henry Hart, deceased. The bill was filed by the complainant as a judgment creditor of Henry Hart, to subject to the satisfaction of his judgments, certain ne-groes and town lots, alledged to have been fraudulently conveyed by Henry Hart to the other defendants.

The bill was filed on the 6th day of October, 1843, by John Brown and Allen Brown, as Administrators of Thomas Brown deceased, in the Chancery Court at Columbia, to enjoin Nimrod Porter, late Sheriff of Maury county, from selling by process of distringas, certain slaves belonging to the estate of their intestate.

This bill was filed in the Chancery Court of Murfreesboro’. The following decree was entered in the case. • “Be it remembered that on this, 9th day of September, 1846, this cause came on for final hearing before the Hon. B. L. Rid-ley, Chancellor, upon the bill, answer, replication and proof in the cause.. And it appearing to the satisfaction of the Court that complainant Richmond S. Fletcher, Wm.

John, Andrew, Isaac, Charity and Cina, by their next friend, filed their bill in the Chancery Court, at Lebanon, against Zed. Tate, John G. Graves and others.

Elizabeth Prince, in contemplation of marriage, executed to Charles Spiers a deed, conveying to him, for her sole use and benefit, some twenty thousand dollars worth of property, real and personal. They were married afterwards, to wit, on the 23d day of January, 1841. On the 22d day of July, 1844, she filed her bill in the Chancery Court, at Gallatin, against said Spiers. This bill prayed a divorce, alledging impotency, harsh treatment and intolerable indignities.

This bill was filed in the Chancery Court at Gainsborough, and came on for final hearing on bill, answer, replication and proof, before Chancellor Ridley. He gave a decree for the defendants, dismissing the bill.

Sawyer, as executor of Smith, sold a slave, Eda, at public auction to Sypert. The slave was cried off as sound, healthy, and sensible, and a bill of sale executed, warranting the slave to be sound, healthy, and sensible. This bill of sale was signed by Sawyer as executor of Smith, deceased. The slave was afflicted with scrofula at the time of the sale. The executor was the son-in-law of Smith.

<p>I. Tho representative of a fraudulent vendor shall not impeach the sale of tho vendor; yet if vendee relinquish his claim, the estate shall be regarded as tho estate of deceased.</p> <p>% Where a surety filed his bill for contribution, where he held funds of deceased sufficient to discharge the debt which he had paid: It is held, that this was no de-fence to the bill, because he could not retain for his debt, but was liablo to the ad, ministrator for the funds to be administered according to law.</p>

<p>1. A naked order of the County Court discharging1 a surety in a constable’s bond is void and operateá no injury to the other sureties.</p> <p>% An order of the Circuit Judge, that bonds, notes, depositions be made a part of the record is void, and they can only become such by a bill of exceptions.</p>

Windle was indebted to Joel T. Coffee, and on the 27th of October, 1825, executed to him a mortgage upon a tract of land in Overton county. Coffee’s debt at the date of the mortgage was $1,238 21. In the beginning of the year 1827, Coffee with Windle’s assent went into possession of the tract of land, and so continued until his death, in March 1837.

This bill was filed by Webb and Foster against Patterson, in the Chancery Court at Murfreesborough. At the August term, 1844, the following decree was entered:— “Be it remembered, that this cause came on to be hfeard before Chancellor Ridley, on the bills, answers, replications and proof taken in the cause.

Thomas E. Bonner and wife, Minerva, filed this bill in the Chancery Court at Lebanon, against John S. Bonner and William Baird.

This is a bill which was filed by Jane Robinson, in the Chancery Court at Shelbyville, against her husband Joseph Robinson, for a divorce and maintenance.

Embry & Young and other creditors, on the 20th July, 1841, in the Circuit Court of Franklin county,.ohtained a judgment against Robinson, upon which executions were issued and returned nulla hona. In February, 1844, this bill was filed in the Chancery Court at Winchester, by the said creditors against Robinson and wife, Eliza.

In March 1844, Fondrin was elected Sheriff of Lawrence county. In February 1846, the Planters’ Bank recovered a judgment for $365 against Stribbling and others; a fi. fa. was issued on the 25th of February, 1846, and on the same day was placed in the hands' of Fondrin for collection. Fondrin’s term of service expired on the 1st Saturday in March, 1846. The fi. fa. was returnable in June succeeding.

This case was tried by Chancellor Cahal on bill, answer, replication and proof, and a decree rendered for complainant, from which defendant appealed.

Ryan and Adam S. Caperton were indebted to D. and B. Deckard to the amount of $2600, and H. A. & Joseph Huddles-ton were their sureties. The said Ryan and Adam were likewise indebted to Maria Caperton. Ryan Caperton conveyed one fourth part of six slaves to James G. Caperton to secure the debt he owed to Maria, and Adam conveyed a title to the same slaves to JamesG. to secure a debt he owed Fitzpatrick.

This bill was filed by a portion of the children of George and Sally Squires against Old and others, to secure the forthcoming of certain slaves at the death of Sally Squires. The case was heard by Chancellor Cahal, on bill, answers, replications and proof.

This case was tried on bill, answer, replication and proof by Chancellor Ridley, and a decree rendered for the complainants.

A judgment was rendered for-one hundred and eighty dollars, in favor of Cartwright against Summerhill, Cummings and Goring — Cummings being the principal and the others, sureties. Summerhill agreed with Cartwright that if he would assign the judgment to him for his indemnity, he (Summerhill) would execute his note with interest added, payable at six months for the amount with a surety.

This is an action of ejectment, instituted in the Circuit Court of Dickson county, and was tried by Judge Martin and a jury, and a verdict and judgment rendered in favor of the plaintiff, Ellis.

<p>1» Whore an attachment issues as auxiliary process to a case pending, it must issue from and be returnable to the Court in which the suit is pending; hut if the defendant compels the complainant to elect, on which he will proceed, and complainant docs elect, and the suit in one court is dismissed, he shall not object afterwards to the jurisdiction.</p> <p>2. An attachment bill lies on all legal demands whenever the debtor is about to remove himself or his property beyond the limits of the State. Whether the defendant was about to remove himself or his property beyond the limits of the State, is the subject matter of a plea in abatement.</p>

Washington for the use of Ashhurst & Sons brought an action of debt in the Circuit Court of Davidson county against Johnson, on a note for $1300 payable to Washington. The case was tried on plea of payment before Judge Maney at the January term, 1846.

Z. G. Goodall made his last will and testament and died in the county of Sumner. The executors whom he appointed declined acting and E. T. Seay administered with the will annexed.

Mary Copeland was indicted in the Circuit Court of Overton county, for the murder of Ruth Dougherty. The cause came on for trial before Judge Cáruthers, at the March term, in 1844, and was then submitted to a jury. Defendant was convicted of murder in the second degree and appealed.

Edward Carey was indicted in the Criminal and Commercial Court at Memphis, under the act of 1829, ch. 23, sec. 22, for slave stealing. He was tried before the Honorable Ephraim W. M. King, Judge of that court, and a jury from the county of Shelby, and convicted. He appealed to the Supreme Court. The facts are set forth in the opinion of the court.

<p>It is an indictable offence, under the act of 1833, ch. 10, sec. 2, torun a horse race on or along a public road, although nobetmay have been made on the race.</p>

Elisha R. Johnson and William R. Burk, partners under the name of Johnson & Burk, sued Thomas M. Collins, a resident citizen of Arkansas, as the maker, and John Shelby and S. Bradford, citizens of Davidson county, Tennessee, as the endorsers of a bill single, in the Circuit Court of Shelby county. The original writ was served on Collins in Shelby county, and a counterpart was issued to Davidson, served upon Shelby, and returned not found as to Bradford.

This was an action of ejectment, brought by William L. Wiley and others against Yancey Bledsoe, in the Circuit Court of Carroll county. The case was tried by a jury before the Honorable William Fitzgerald, judge, and a verdict was found for the plaintiff, upon which judgment was entered. The defendant appealed. The facts will be found in the opinion of the court.

<p>The facts are given in the opinion of the court.</p>

The plaintiff in error, was indicted in the Circuit Court of Hardeman county, for selling spirituous liquors to a slave, was tried and convicted — Hon. William C. Dunlap presiding. He moved in arrest of judgment, which motion being overruled, he appealed to the Supreme Court.

The defendants in error sued the plaintiff in error upon a bill of exchange, drawn by said Sharpe upon one Wallace Ligger-son, and payable to the order of the said Fowlkes & Quarles. The form of action was debt, and upon trial, a verdict was found for the plaintiff below, from which an appeal was taken. The case was tried in the Circuit Court of Shelby county, Hon. William C. Dunlap presiding.

This was an action of assumpsit brought by the plaintiff in error against James Greer, who died during the progress of the cause, and the suit was revived against the defendant in error as his executor. A declaration was filed, at the Decern-ber term, 1843 of the Circuit Court «of Madison county, containing the common money count, for two hundred dollars, had and received &c., for the use of the plaintiff The defent-ant pleaded non assumpsit, upon which issue was taken.

Action for unlawful detainer, brought before two Justices of the Peace in Gibson county, by Edwin G. Moore against James Turner. The Justices gave judgment for the defendant, from which the plaintiff appealed to the Circuit Court of said county. The cause was tried by jury, William Fitzgerald, Judge, presiding, and resulted in a verdict and judgment for defendant. The plaintiff again appealed. The facts will appear in the opinion of the court. 1.

Philip Dozier, for the use of Peter L. Dozier, brought his action of debt, in the Circuit Court of Gibson county, against William W. Lea, on the following instrument: “Two months after date we or either of us, promise to pay to Philip Dozier, four hundred dollars for value received, this 21st September, 1837. JOHN PAGE, [Seal.] WM. C. PAGE, [Seal.] WM.

Indictment in the Circuit Court of Henry county, tried before the Hon. William R. Harris, Judge, and a jury of Henry. The facts will be found sufficiently set forth in the opinion of the Court.

Gilbert, a slave, was indicted in Circuit Court of Henry county, for the murder of his master, Armstead Forrest. He was tried before Judge Fitzgerald, and a jury, and found guilty of murder, and sentenced to be bung.

John Rust brought an action of debt, in the Circuit Court of Weakley county, against William T. Pointer and Job C. Thompson, and filed his declaration at the February term, 1846. The defendants plead two pleas, payment and set off, upon each of which issue was taken. The case was tried before William Fitzgerald, Judge, presiding, and a jury of Weakley county.

Bilbro was convicted in the Circuit Court of Haywood county, Judge Read presiding, upon an indictment, which charged, that he “did unlawfully sell and retail spirituous liquors to one Edmond White by the quart, to be drank on the premises, and which was then and there drank on the premises of him the said Bilbro, without having obtained a license so to do.” The presentment alleges, that the defendant below, “sold spirituous liquor by the quart, to be drank on the premises,”…

Alexander G. Hall brought his action on the case, in the Circuit Court of Hardeman county, against John Rodgers upon the following bill single and endorsement: $750. On or before the 25th of December next, I promise to pay John Rogers seven hundred and fifty dollars for value received of him, this January 12, 1839. JOHN N. CAIN, [Seal.] On the back of which was written: “I assign the within note to A. G. Hall for value received of him, this February 5th, 1839. JOHN RODGERS.

Indictment for murder against Nelson, a slave, in the Circuit Court of Hardin county. On trial by jury, before James Scott, Judge, presiding, the defendant was convicted and sentenced to be hung. From this judgment he appealed. The facts upon which the decision of the Supreme Court turned, will be found in the opinion delivered.

Pearson J. Cochran was indicted in the Commercial and Criminal Court of Memphis, for malicious shooting. He was tried by jury, the Hon. Ephraim W. M. King presiding, and found guilty. He moved for a new trial, which being overruled, he appealed to this court. The facts will appear in the opinion of the Court.

The President, Directors & Co., of the Union Bank of the State of Tennessee, brought suit in the Commercial and Criminal Court of Memphis, against E. A. Carter, as the indorser of a bill of exchange. The cause was tried by jury, before Wm. C. Dunlap, Judge, presiding, and resulted in a verdict for the plaintiff. The defendant appealed. The facts are set. forth in the opinion of the court.

Allen S. Williams brought his action of debt, in the Circuit Court of Weakley county, against- Peleg Terrell, and Jeptha Terrell, executor of John Terrell, deceased, on the following instrument under seal. “$200 — On or before the 1st day of September next, we or either of us, promise to pay Allen S. Williams or order, two hundred dollars, for value received. January 10, 1844. PELEG TERRELL, [Seal.] JNO.

Robert F. Levering and J. C. Carncross, partners under the firm, name and style of Levering &• Carncross, who sue for the use of Robert F. Levering, commenced their action of trespass on the case, in the Commercial and Criminal Court of Memphis; against the Mayor and Aldermen of said town of Memphis, to recover damages for an alledged breach of contract.

On the 10th November, 1828, James Jordan made and executed the following deed of gift: “Know all men by these presents that I, James Jordan, of the county of Pearson and State of North Carolina have this day loaned to my daughter, Martha, who has intermarried with David Evans, the following slaves &c., which slaves, I do, by these presents, for and in consideration of the love and regard that I have for my daughter Martha Evans, as well as divers other good causes, loaned to…

Bill filed in the Chancery Court at Memphis, to enjoin the issuance of grants in certain entries, made by defendant Williams. The Chancellor dismissed complainant’s bill, and they appealed to the Supreme Court. The facts sufficiently appear in the opinion of the court.

Hamilton Bussey was summoned to answer Andrew Brown, who sues for the use of B. Richmond, in an action of debt, in the Circuit Court of Shelby county. The declaration contained two counts; the first averring the making of a particular note by one David Boyd, payable to the defendant, and that the defendant afterwards, &c., endorsed the same, and guarantied the payment thereof to the plaintiff.

Action of assumpsit by plaintiffs in error against defendant in error, in the Commercial and Criminal Court of Memphis; tried before Dunlap, Judge, and a jury of Shelby county. A verdict was found for the defendant, and judgment given, from which plaintiffs appealed.

Bill filed in the Chancery Court at Sommerville, against the heirs of Josiah Baugh deceased.

Bill filed in the Chancery Court at Bolivar, by Robert Morris against E. H. Nixon, to set aside a deed of conveyance for certain slaves and for’ an account. The Chancellor,. (Andrew McCampbell,) dismissed complainants bill so far as it prayed a cancellation of the deed, but' ordered the account asked for. Complainant appealed. To set aside any act or contract on account of drunkenness, it is not sufficient that the party is under undue excitement from liquor.

Nicholas S. Langford filed his bill in the Chancery Court at Trenton against John Fly, to enjoin the defendant from selling certain negro slaves under an execution issued against John Lyon, upon the ground that Lyon had conveyed said negroes to complainant before defendant had obtained judgment.

Gray filed this bill in the Chancery Court, at Sommerville, against Hays, for the iecovery of slaves. The defendant demurred to the bill, and the presiding Chancellor, (McCamp-bell,) allowed the demurrer, and dismissed the bill. He cited Calvert 15 Law Lib. 68; 3 Atk. 110; 1 P. Wms. 424; 11 Ves. 356; 2 Atk. 15. They cited, Shuie vs. Wade, 5 Yerg.; 1 Story’s Eq. PI. 87.