Volume 27 — Tennessee Reports

A tax was duly assessed on the property within the limits of the town of Knoxville, and D. A. Deaderick was appointed collector. Held: in the case of the Union Bank vs. Jacobs, that the members of a corporation may do any act which is necessary and proper to carry out the design of their charter.

In this case a verdict and judgment were rendered in favor of the plaintiff in the circuit court of Roane county, Alexander, judge, presiding, from which the defendants appealed.

On the 27th day of August, 1846, Williams, a justice of the peace for the county of Monroe, issued an attachment in favor of McReynolds, as assignee of Dyer, against Neal, on the ground that Neal, was about to remove his property privately out of the state, and that he was justly indebted to McRey-nolds the sum of one hundred and seventy-five dollars. This attachment states on its face, - that this information was communicated to the justice on oath.

Elizabeth Willis appeared before Greer, a justice of the peace for the county of Washington, and declared on oath, that “on the 14th day of November, 1844, in the county of Washington and state of Tennessee, she was delivered of a bastard male child, which is likely to become chargeable to the county, and that Valentine Irwin is the father of said bastard child.” This statement was signed by her, and thereupon the justice issued a warrant, and Irwin was apprehended, and the…

John Kincaid sued Wm. Kincaid, executor, and Sarah McNew, executrix of Wm. McNew, by warrant, and a judgment was rendered by a justice of the peace, in favor of the defendants. The plaintiff appealed, and the case was tried by a jury in the circuit court of Claiborne county, under the direction of judge R. M. Anderson.

This case originated by warrant in Claiborne county, and judgment was rendered for “the plaintiff” for fourteen dollars and cost. The defendant appealed, and the case was tried by a jury at the May term of the circuit court, held for Claiborne county, in 1847, under the direction of judge R. M. Anderson. A verdict and judgment were there rendered for the plaintiff against the defendant. From this judgment the defendant appealed.

Beaty sued Woodson & Crocket in trover in the circuit court of Claiborne county, and there was a plea of not guilty, and the case came on for trial at the September term, 1846. The evidence was submitted to a jury, under the direction of judge Lucky, and a verdict and judgment rendered for the plaintiff for the sum of $12Q, from which fjie defendants appealed.

Buckelew & Wells recovered judgments against John Bow-ser, and executions were issued and levied on the lands of Bowser. They were sold, and plaintiffs in the execution became the purchasers. The sheriff made a deed to them, and they conveyed by deed to Bachman. At the time of the execution sale George Bowser was in possession of the land as the tenant of John Bowser, and after a deed was made, he took a lease from Bachman.

This is an action of assumpsit which was instituted by Bell, in the circuit court of Knox county, against Clark & Nance. There was a verdict and judgment rendered at the October term, 1846, in favor of. Bell, Alexander, judge, presiding. From this judgment the defendant appealed.

It is assumed that the coipplainant’s right was an incorporeal interest in the land', and inheritable by the act of 1839, ch. 153, sec. 1, and that the’ defendants tortiously converted and disposed of complainant’s right to their own use, profit and gain. And the material questiorUis, will a bill lie to recover the value of the occupancy? 1 Story’s Eq. 148-9.

An indictment was'presented to the grand jury of Greene county, at the instance of Hinkle, prosecutor, against Shaw and Rutledge, and was returned a true bill.

Moore sued Braden before Burch, a justice of the peace for Claiborne county, on a note executed by Braden to Moore.As a defence to the action, Braden produced an order in these words: “Mrs. Sarah Collins, you may give that pot and kettle to John Braden, that I have levied on, as he has settled the tax with me for Green, this 28th day of March, 1843. N. H. 'Moore.

The act of 1803, (N. & C. 490,) ch. 9, provides, that if any person shall wilfully or maliciously burn, or cause to be burned, any stacks of flax, or any fences, boards, timber, or any other lumber, or throw down any fences, shall on conviction be fined not exceeding five hundred dollars, and imprisoned not exceeding one year. . Goforth was indicted in the circuit court of Sullivan county, for wilfully and maliciously throwing down the fences of Thomas J. Chase.

McNees sued Davis at the Circuit Court of Greene county, for defamatory words spoken by him imputing perjury to McNees. The defendant pleaded not guilty, and an issue thereupon was brought before a jury under the direction of Judge Lucky. A verdict and judgment were rendered for the plaintiff for the sum of $200, from which the defendant appealed.

Ferrell sued McClain in covenant on a warranty, in a deed of conveyance for fifteen acres of land, in the circuit court of Claiborne county. The defendant pleaded: — 1st. That he bad performed the covenant — and 2d. That the deed of warranty executed to Ferrell was champertous and void, because at the date of execution thereof the land sold was adversely held. Issues were made involving the truth of these pleas.

This is an action of assumpsit, instituted in the circuit court of Greene county, by McNew against Allen. The plaintiff declared for work and labor done, in the building and finishing a grist-mill and house, with their appendages, and for materials provided.

This is a bill which was filed in the chancery court at Green-ville, by McDaniel against Self. The case was heard on bill, answer, replication and proof, by chancellor Williams. He dismissed the bill, and the complainant appealed.

At tbe October term of the circuit court, held for White county, Picket, Attorney General preferred a bill to the grand jury against B. Belcher andMatildaFox for op’en and notorious lewdness.

McBride was indicted in the circuit court of Montgomery county, for gaming. The presiding judge, Martin, quashed the indictment, and the attorney general, Johnson, appealed on behalf of the state.

The indictment against the defendant was in the following words: — “State of Tennessee, Coffee county, June term of the circuit court, in the year of our Lord eighteen hundred and forty-seven.

John A. Savage, attorney general, presented an indictment against Elizabeth McKinley, for passing counterfeit money; the first count of which was as follows: “The grand jurors for the State of Tennessee elected, em-pannelled, sworn and charged to enquire for the body of the county of Jackson, in the State of Tennessee, upon their oath present, that Eliza McKinley, spinster, on the first day of October, eighteen hundred and forty-six, with force and arms in the county of…

Hughes was indicted in the circuit court of Williamson county, for larceny. The indictment charged that he stole the horse and saddle of Thomas Banks, on the 17th day of September, 1846, and the plea of not guilty having been received, a jury was empannelled under the direction of judge Maney, to try the case at the March term, 1847.

An indictment was returnc^by tfe grand jury against Parrish, for gaming, at November term^of the circuit court, held for Montgomery county, in-1846.

Heflin was found guilty at the circuit court of Montgomery, and the presiding judge, Martin, quashed the indictment. The attorney general, on behalf of the state, appealed.

Tom was indicted in the circuit court of Maury county, for an assault on A. S. Haley, with the intent to commit murder in the first degree. He pleaded not guilty, and a jury was impannelled under the direction of Judge Dillahunty, and the proof submitted to them. They found him guilty and a motion for a new trial having been made and overruled, judgment was rendered against him, and he was sentenced to be executed. From this judgment he appealed.

Br-own was indicted in tbe circuit court of Maury couuty for permitting an unlawful assemblage of slaves on his premises. ■The indictment charges that 'William Brown, a grocery keeper on the 15th day of November, 1846, in the county of Maury and State of Tennessee; unlawfully and knowingly did permit slaves in unusual numbers to wit, ten or more, and at suspicious places and times, to hold an assembly on his land and premises without being expressly authorized by the owners…

Hooper was indicted in the criminal court beld for Davidson county, at the October term, 1846.

This bill was filed in the chancery court at Columbia by the president and directors of the Franklin and Columbia Turnpike Company against E. Young.

<p>! 1. Where the justice of the peace informed a plaintiff, against whom he had rendered a judgment for costs, that he need not appeal, that he could sue again before a justice of the peace. It is field, that this was a sufficient reason why the plaintiff did not appeal within the time required by law, and lays a proper foundation for writ of certiorari.</p> <p>2. A motion to dismiss a writ of certiorari must bo ¡nado at the earliest opportunity presented. It comes too late after a trial on the merits.</p>

Evans was indicted in the circuit court of Maury county for larceny. He pleaded not guilty, and the case was tried by a jury, under the direction of judge Dillahunty, and the defendant found guilty. A motion in arrest of judgment was made and prevailed, on the ground, that the signature to the indictment was not sufficiently specific, and the state appealed.

This bill was filed in the chancery court at Nashville, by J. & D. Thompson against Nance and others.

At the April term of the circuit court, held at Smithville, for the county of DeKalb, the presiding judge, Caruthers, made an order, which was entered on the record, and is as follows: “It appearing to the court from a presentment here pending-against the defendant, as well as from a trial of the same at the last August term of this court, that the defendant is guilty of forging a receipt on P. G. Hearn, for $50 75, as set forth in said presentment, but there is a trivial…

<p>1. Fraud or want of consideration is no defonce for either the maker or accommoda- / tion endorser of a promissory note as against a bona fide holder for value, to whose i possession it came before maturity, in the due course of trade, without notice; where however a note was purchased under-such circumstances, at a discount, it will be V held to have been negotiated in the way of trade, only to the amount advanced by the purchaser.</p> <p>2. The purchase of a note at a discount beyond legal rate, does not constitute the transaction usurious. To make it usuiious, the note must have been made to raise moi ey by sale.</p>

This case was tried by judge Scott, and a jury of Lawrence county, in the circuit court of Lawrence, and a verdict and judgment rendered for the plaintiff. The defendant appealed.

Baldwin & Campbell recovered a judgment against Merrill & Clark, partners, in the circuit court of Lincoln county for the sum of $198 64. This judgment was entered on the 8th day of February, 1839. . Clark & Merrill dissolved partnership, and Merrill bound himself to pay the debts of the concern and this debt amongst others, for which execution was issued by the attorney of plaintiffs on the 31st July, 1839, and was levied on the property of Clark.

McLaughlin recovered three judgments before Urban Harris, a justice of the peace for Humphreys county, against Holmes.

This bill was filed by the distributees of Johnson, deceased, against Kay, the administrator, in the chancery court at Franklin. ' It was heard by Chancellor Cahal, on bill, answer, replication and proof. The chancellor decreed an account and both parties appealed.

This'bill was filed in the chancery court at Franklin; and the following decree was rendered by chancellor Cahal, at the October term, 1846, to wit: “This cause came on to be heard on the — da.y of October, 1846, upon bill, answer, replication, exhibits and proof, in presence of counsel for both sides, when it appeared to the court, that on the 8th day of February, 1844, the complainant, W. W. Johnson, executed to the defendant, George Chadwell, as administrator of Gideon…

This is an action of trespass, which was instituted in the circuit court of Marshall county, by Nancy Kincaid against Robert Chapman. It was tried on the plea of not guilty by a jury, under the direction of judge Dillahunty, at the December term, 1846.

Hardy was the maker of a promissory note for #226, and Carter was the endorser. After the note become due, Hardy obtained a decree of discharge from his engagenients in bankruptcy, after due notice to .Carter. Subsequently Carter paid the money and brought suit against Hardy-in the circuit court of Davidson county.

Gilbert Marshall filed this bill in the chancery court, at Franklin, against John Stephens, Mary Stephens and others, children of said Mary and John. Held: in the case of Her-ron vs. Marshall; that when an executor sold and conveyed a negro slave without an order of court, the right of the legatee to the slave was not barred by the statute of limitations, as the executor was estopped by his own sale from bringing an action for the slave.

This is an action of covenant which was instituted in the circuit court of Montgomery county, in the name of “A. V. Brown, governor in and over the State of Tennessee,” against Allen and McMurdie.

Moses Lewis, a free person of color, filed this bill in the chancery court at Lawrenceburg, against G. F. Simonton. The bill charged, that complainant was free, and set forth the proceedings of his emancipation, and that he was the owner of a note executed by Richardson & Anthony, and that defendant seised Mm and kept him imprisoned, and threatened Mm with a criminal prosecution, and thereby, without consideration compelled Mm to surrender to defendant the note aforesaid.

This bill was filed in the chancery court, held at Columbia, but the presiding chancellor being incompetent to try it, the case was transferred to the circuit court, held for the county of Maury, when judge Dillahunty having heard the bill, answer, replication and proofs read, and the case argued, gave a decree in favor of complainants. From this decree the defendant appealed. The facts of the case are fully stated in the opinion of the court.

In February 1840, S. B. Marshall was appointed marshal for the Middle District of Tennessee, and in March 1840, he executed an official bond, with complainant and defendants ás sureties.

This is a petition which was filed in the chancery court at Nashville, by a minor, George C. Brown, by his next friend, George W. Campbell, jr., praying the sale of a tract of land lying in Davidson… Held: that, in a case of absolute necessity, where the sale is shown to be necessai-y for the maintenance and education of the minor, the authority could not be exercised.

Mary Flora Dickson, in contemplation of marriage, conveyed to Hoggatt, her slaves, real estate, money and other property, in trust for her sole and separate use, and free from liability to the debts and engagements of her contemplated husband, H. Baldwin. This deed reserved to herself “full power and authority by her directions in writing, in the presence of one or more witnesses, to alienate, sell or dispose of-in any manner she might think proper” the said property.

Galbreath, Cromwell & Co. was indebted by note to the Planters Bank $5000. They wished to renew the note on the payment of $500. Accordingly a new note for $4500, with Terry and McKeage, was offered. The directors regarded the endorsers as unsatisfactory, and declined discounting it. It was then stated to the directory that Mitchell would endorse the note. The board then directed that the note be discounted, upon condition, that Mitchell would endorse it for the applicants.

Trespass on the case in the circuit court of Maury county, by Rail against Potts and Baker.

This cáse was heard on bill, answer, replication and proof, by chancellor McCampbell, and a decree rendered for the complainants. From this decree the defendants appealed.

The following bill was filed in the chancery court at Nashville : — . “The State of Tennessee, by her attorney general, West EL Humphreys, brings this bill of complaint against the Merchants Insurance and Trust Company of Nashville, a corporation established at Nashville, in Davidson county, and Caleb G\.

John White died intestate in 1824, in the county of Williamson, leaving a widow, Sally White and heirs, to wit, Sally Sawyers, Polly Burnham and Eliza Phillips, daughters, John PI. White and John M. White, the representative of deceased sons of the intestate. Pie died seised and possessed, amongst other property, of a tract of land, lying in the county of Williamson, containing five hundred and sixty-one acres.

<p>The owner of an execution cannot levy it on property and sell such property for the satisfaction of such execution.</p>

This case was tried by judge Dillaliunty, in tjie circuit court of Maury county, and a peremptory mandamus ordered, from which the state appealed.

Assumpsit in the circuit court of' Giles county, by Brown against Parks. Held: that though the instrument sued on, was not a bill of exchange, or promissory not.e, yet the words “value received” used 'in the contract, were prima facie evidence of a consideration and that the declaration need not aver, or proof show any other.

Henry L. Guión filed this bill in the chancery court at Mur-freesborough, against Samuel Anderson. Held: that thepe must be an actual sei-sin or seizin in deed by the wife, which cannot take place, though the estate is cast by descent, or devise, on her, until there is an entry by her on the land.

This is a petition in the chancery court, held at Nashville, by Fite, in the case of Read’s heirs ex parte. The petition was dismissed by the presiding chancellor, Cahal, and Fite appealed.

Watkins sued Freeman, administrator of Samuel P. Walkins, in the circuit court of Maury county, in debt. Held: that the common law doctrine of retainer is applicable to executors under our system of law, &c. 1 Dev. & Batt. Lav/ Rep. 246. 1 Iredell’s Law Rep. 36. Salkeld, 304. 2 Page, 149. 6 Page, 415.. 2 W’ms. Ex. 945. 3d. Then do the acts of 1833, ch. 36, and 1837, operate as a repeal of the executor’s right to retain for his own debt?

A road was established by the county court of Maury, leading from Columbia to the line of the county, in the direction of Franklin and Nashville. A road was also laid out by order of the court, which branched from the Columbia and Franklin road between two and three miles from the town of Columbia, and passed to the county line of Maury, by way of Bear creek, in the direction of Murfreesborough and Shelbyville.

This is a bill filed for contribution in the chancery court at Pulaski. It was determined by Chancellor Cahal, on bill, answer, &c. The facts of the case are fully stated in the opinion of the court. They cited 1 Story Eq. sec. 405; 4 Ves. 752; 2 Bos. & Pul. 270; 4 John. Ch. 334.

The Bank of the State of Tennessee sued John Patterson, the maker of a promissory note, and James Patterson and Marquis D. Wilson, the endorsers thereof, in assumpsit, in… Held: that chancery could afford no relief, and that any proof in regard to the mistake was incompetent; because it contradicted the record. King vs. Vaughn, 8 Yerg. 59. Where judgment is obtained against a sheriff for the non-return of process, which in fact had been returned, equity cannot afford relief.

This is a bill filed by Grissom against Sorrell, in tbe chancery court at Sparta, which prayed a decree for the value of a tract of land omitted in a deed of conveyance to complainant. The presiding chancellor, Ridley, on bill, answer, replication, and proof, gave a decree in conformity with the prayer of the bill. The defendant appealed.

This was an action on a refunding bond, in the circuit court of Rutherford county, by the chairman of the county court of said county, for the benefit of the administrator, Majors, against Robinson. A verdict and judgment were rendered for the plaintiff Defendant appealed.

Tomlinson was indebted to English and others, and the slaves of Tomlinson were offered for sale on execution. Hale procured Arrowsmith to purchase them with liberty to Tomlin-son to redeem them. Hale advanced part of the money to Ar-rowsmith to make the purchase. They were purchased by Ar-rowsmith.

This is an attachment bill, which was filed in the chancery court at Lebanon, by Lester against Cummings. The chancellor, Ridley, being of the opinion that the complainant’s bill alledged a good and sufficient canse for the issuance of the attachment, and that the relief ought to be granted, gave a decree in favor of complainant; and ordered the sale of the property attached, &c. From this decree the defendant appealed,

William Matlock died in the county of Davidson, at his residence. James Matlock, a son, obtained from the county court of Davidson letters of administration on his estate. He died possessed of land lying in Davidson county, slaves, and other personal estate. This bill was filed in the chancery court at Franklin by Buchanan and wife, Margaret, she being a grand daughter of William Matlock.

This action of assumpsit was brought in the circuit court of Davidson county, and was tried by judge Maney and a jury, and a verdict and judgment entered up in favor of the plaintiff (the Nashville Bridge Company) against the administrator of Crutcher. Prom this judgment he appealed.

Bedford sued Thompson, one of the makers of a promissory note, jointly with the administrator of Crutcher, who endorsed It, in debt, in the circuit court of Davidson county. The defendants demurred to the plaintiff’s declaration, and the presiding judge, Maney, gave judgment on the demurrer for the plaintiff. An issue of fact was found for the plaintiff, and judgment rendered thereupon; from which the defendant appealed.

Waite sued Dolby in the circuit court of Coffee county in detinue., Dolby pleaded non detinel, and a verdict and judgment were entered in the following language. “The jury sworn,” &c. &c. “do say that the defendant doth detain the mare Rollo, described in the declaration in manner and form as the plaintiff hath complained, and they do assess the plaintiff’s damage, by reason of the detention thereof to ten dollars, and the jurors aforesaid upon their oaths aforesaid do…

Replevin in the circuit court of Williamson for hogs by Park against Harrison, plea not guilty, verdict and judgment before Maney-, J., for the defendant. Plaintiff appealed.

This -is an action of debt on a promissory note in the circuit court of Franklin county, by Turner against Prior and Hutch-ins. The .case was tried by Judge Marchbanks and a jury. A judgment was rendered against the defendant, Hutchins, from which he appealed.

The Bank of Tennessee sued Hutchins in the circuit court of Franklin county in debt; plea, non est factum¡ and issue» Verdict and judgment thereupon for plaintiff, Marchbanks, judge, presiding. Defendant appealed.

Assumpsit by last endorser Sims against Hutchins, a prior endorser. Hutchins, pleaded that he did not endorse the note, and the plea was verified by affidavit. A verdict and judgment were entered for the plaintiff, Marchbanks J. presiding, and the defendant appealed to the supreme court.

<p>Assumpsit. Plea non-assumpsit, verdict and judgment for the plaintiff; Marchbanks, judge, presiding. Appeal by de fendant.</p>

Lewis Garrett died in the county of Davidson, leaving slaves and other personal property: Enoch Ensly administered on his estate, and took possession of his slaves. They-were hired out, and one by the name of Jordan was hired to one Oondon, and by Condon to Ensly, by whom the slave .was put to the business of blasting rock, for the construction of a turnpike.

This is an action on the case for the non-delivery of a slave, by-the bailee, at the expiration of the term of hiring, which was tried on the plea of not guilty, by judge Pvfaney and a jury, and a verdict and judgment were entered for the plaintiff. The defendants appealed.

This is a bill in chancery, filed at Franklin, and was determined by chancellor Cahal at the October term, 1846, on bill, answer, replication and’ proof. He dismissed the bill and the complainants appealed.

A portion of the heirs of Brunson filed a petition in the circuit court of Montgomery county, praying the sale of a tract of land, belonging to them, for the purpose of dividing the proceeds of the sale. The land was ordered to be sold, and was sold, and Clark M. Shelby, who was the guardian of some of the heirs, became the purchaser. Shelby sold the land to Blackmore, and gave him a bond for title, and Blackmore executed his notes for the purchase money.

This case was tried by Judge S. Anderson, and,a jury in the circuit court of Cannon county, and a verdict and judgment were entered for the plaintiff. The defendant appealed.

Langford sued Frey as executor of Jordan in debt in the circuit court of Davidson county. A judgment was .rendered for the defendant on issues of fact and law, and the plaintiff appealed. During the pendency of the proceedings, Langford died, and the suit was revived in the name of his administrator.

This bill was filed by the Union Bank against H. Baker and others in the chancery court at Nashville, to set up and establish a resulting trust as to certain property. At the hearing on bill, answer, replication and proof, the chancellor, sustained the prayer of the bill, and gave a decree accordingly. The defendants appealed. The facts will be found correctly stated in the argument of Mr. Washington. .

This is a bill which was filled in the chancery court at Columbia, by Margaret Hackney against Joseph Hackney. The bill prayed a specific execution of a contract to settle certain slaves on the complainant.

John Haywood, by bis last will, devised a tract of land lying in Davidson county, to Egbert Haywood, in trust for the benefit of Susan Haywood and children, the wife and children of Thomas Haywood. This land was encumbered by mortgage, and was ordered to be sold by decree in chancery for the payment of the sum charged on it.

This is a bilí which was filed in the chancery court at Franklin, by Gilliam against Moore, for the purpose of obtaining relief, against a judgment obtained against him by Moore, on the ground of usury. At the hearing on the proof, at the October term, 1846, chancellor • Cahal being of the opinion, that the question of fact was open to investigation, regardless of the previous proceedings at law, but that there was no usury, dismissed the bill. The complainant appealed.

This is an action in the case brought by Richmond against Witcher in the circuit court of Jackson county, which was tried by Judge Caruthers and a jury, on the plea of not guilty, and a verdict and judgment were entered for the plaintiff.— The defendant appealed.

The Nolensville Turnpike Company in the laying down and constructing of the road, for which the charter was granted, took possession of and occupied a portion of the land of Susan Quinby.

This is a bill which was filed in the chancery court at Nashville. The bill chai'ged that Esselman obtained a judgment against T. Wells in the circuit court of Stunner county, on the 15th day of February, 1847, for $2960, and an execution was issued and returned, nothing found, and this bill was filed on the 18th of the same month against 0. Ewing and said T Wells.

This is a bill which was filed in the chancery court at Lebanon. The decree of the chancellor exhibits a summary of the facts of the case, and his opinion of the law arising thereupon.

Ott sued Whitworth, administrator of Morgan, in assump-sit in the circuit court of Davidson county. There were issues submitted to a jury or the plea of nil debet, and the statute of limitations, and a verdict and judgment for the defendant, Maney, judge, presiding; from which judgment the plaintiff appealed.

This is an action on the case in the circuit court of Davidson county, for the valúe of a horse. The first count charged, the delivery of u horse to Porterfield & Brooks, owners of a steamboat, to be carried safely from Smithland to Memphis, and delivered to the plaintiff; and that they so negligently conducted themselves that the horse was not securely kept, conveyed or delivered, but was lost. The second count was in trover.

<p>Where a joint defendant answers a bill, and removes, by allegation and proof, the matter of equity charged against another defendant, against whom there is a pro confesso decree: It is held, that there can be no final decree against the party who has failed to answer.</p>

This is an action of ejectment by Herd & Taylor against J. C, and J. Dew, which Was tried by Judge Caruthers, and a jury in the circuit court of White county. A verdict and judgment were entered for the plaintiffs. The defendants appealed.

This is a bill which was filed in'the chancery court at Franklin, by Sims against Walker, executor of Hightower, to enforce the delivery of a bond which complainant alleged testatrix gave to him in his last illness.

<p>'A constable wlio gives bis receipt for the collection of a note becomes the general agent of the owner, and is bound to take out process and use reasonable diligence in the collection of the debt. But if defendant be insolvent this is a good defence for not taking out execution.</p>

Assumpsit by Brown and wife against Collier, in the circuit court of White county. Plea, non assumpsit. Verdict and* judgment, (Caruthers, J. presiding,) for defendant. The plaintiff appealed.

Land lying in Cannon county, was sold by decree in chancery court at Franklin, and Cannon became the purchaser. He instituted an action of ejectment, in the circuit court of Cannon county, against Todd, who was in possession by tenant, and the point in controversy was, as to the validity of the decree in chancery.

The presiding judge, Martin, in the circuit court of Stewart county,' gave 'judgment in favor of the plaintiifs, Elliott & Lea, against the garnishee,. Goodrich, from which he appealed.

This bill was filed in the chancery court at Charlotte, and was heard on the pleadings and proof at the September term 1845, and the presiding chancellor, McCampbell, gave a decree for the complainant. The defendant appealed.

This is a bill which was filed in the chancery court at Franklin, by Deaderick against Watkins, to set aside certain assignments of portions of a legacy on a charge of fraud and usury. The case was heard on bill, answer, replication and proof, and the presiding chancellor, (Cahal) decreed for the complainant, and the defendant appealed. He cited.Vance vs. Vance, 5 Monroe’s Rep. 522; Pickett vs. Loggen, 14 Ves., 243; 11 Ves. 219; 8thPrice, 168; 2 Litt. 118; 2 Ves.

This a case of an appeal, from a judgment of a justice of the peace rendered on motion, to the circuit court of Cannon county where it was tried by Judge S. Anderson, and a jury, and a verdict and judgment rendered for the plaintiff. The defendant appealed. The records do not show who appeared for defendant.

Wright was in possession of one hundred and sixty acres of land, in DeKalb county. A judgment was obtained against him in the supreme court of Tennessee, and execution thereupon issued, and by the sheriff of DeKalb county levied on the land on the 3'lst day of October, 1840. It was sold oh the 19th day of December, 1840, and Tubb & Kelly became the purchasers, and a deed was executed to them by the sheriff.

The plaintiff in error was sued in the Davidson circuit court, in an action of ejectment, and the damages laid in the writ at one thousand dollars.. At the September term, 1846, to wit, on the 16th day of September, a judgment by default was rendered, and a writ of inquiry awarded. After-wards at same term, to wit, on the 28th day of September, on motion of the plaintiff, leave was granted to amend his writ by making the damages two thousand dollars.

Eaton filed an attachment bill in the chancery court at Franklin, against M. Breathett, which had been levied on the property of defendant. The bill stated the existence of a debt due to complainant by defendant; that she was a non-resident and had estate within the state, and prayed that the property be attached. There was no prayer that the property be sold and the proceeds applied to the satisfaction of the debt andpio prayer for general relief.

Jesse A. Brunson, William B. Bartee and C. M. Shelby, were partners in 1835, in the Byrn Forge Iron Works. In June 1836, Shelby sold his interest to Brunson and Bartee. On the 6th day of January 1837, Bartee conveyed his moiety, together with four negroes, to one James H. Bingham as trustee, to secure a debt of $3000 to Shelby; due 1st January 1839.

On the 2d day of February, 1844, Joseph Irwin sold to A. D. Wetherspoon, of Montgomery county, the one fifth part of the steam boat “Water Witch” for $500, payable on the 1st day of Oct. 1844. And on the same day, Wetherspoon made a mortgage or conveyance to Beaumont as trustee to secure the note' given for the purchase money as above.

Samuel Weeks, a citizen of Franklin county, Tennessee, was married to his third wife at an advanced age, and made a will a short time before he died, which took place in his eighty-eighth year. He willed his property to his last wife and two daughters. He appointed David Arnett executor of this will.

This is an action of ejectment in the circuit court at Mur-freesborough, by George Calhoun against Nathaniel Perry. The cause was tried before judge S. Anderson and a j ury from Rutherford county. A verdict was rendered in favor of the plaintiff, and the defendant appealed in error to the supreme court. The facts of the case, and the charge of the circuit judge, so far as the same are material to the proper understanding of the case, will be found in the opinion of the court.

Harris obtained a judgment as special administrator of O’Rielly against The Nashville and Kentucky Turnpike Co., for the services of O’Rielly as engineer of the company. The company had a claim for damages against O’Rielly for unskilful discharge of his duties, but this claim could not be set off on the trial as decided by the circuit and supreme courts.

This case originated by warrant in the county of Montgomery, and judgment was for the plaintiff; defendant appealed to the circuit court, where a verdict and judgment (Martin, judge, presiding) was rendered for the defendant. From this judgment the plaintiff appealed.

This is an appeal from the decision oí the chancellor, Cahal, made at the April term, 1847, of the chancery court, at Franklin. The bill was dismissed by the chancellor, and the complainants appealed. The facts are very fully and clearly stated in the opinion of the court.

This action of assumpsit %as tried on the plea of non as-sumpsit in the circuit court of Davidson county by Judge Ma-ney, and a jury and verdict and judgment were .entered for the defendant. The plaintiff appealed. *: *

The bill in- this case was filed to obtain a construction of the will of William Ward, deceased.

It appears that on the 5th January, 1843, John Martin made a vetbal gift of slave Milly to the children of William C. Martin ; that possession of the slave was delivered at the same time *to William C. Martin, and he was constituted a trustee to hold the slave for their benefit: On the 9th day of September, 1843, John Martin made an absolute bill of sale of the slave to the children of W. C. Martin, to which was appended the following: “P. S. I appoint W. C. Martin trustee…

This indictment, for an assault with intent to commit a rape, was tried by judge Fitzgerald, and a jury of Obion county, in October 1847, and defendant found guilty.

Hines was indicted in the circuit court of Hardeman county for murder and at the July term of said court in 1847, and was found guilty by a jury, of murder in the first degree, and sentenced by the presiding judge, Dunlap, to be executed. From this judgment he appealed. The facts are fully stated in the opinion of the court.

The first section of the act of 1842, ch. 48, provides, that “whoever shall feloniously obtain the personal goods or choses in action of another, by means of any false and fraudulent pretence, shall be guilty of felony.” Under this statute, the following indictment was filed against the defendant: Commercial and Criminal Court of Memphis, March term, 1848.

Trover in the criminal and commercial court at Memphis, for a promissory note, by Causey against Yates. Plea not guilty, and issue. The case was heard by judge King and a jury, at the April term 1848, and a verdict being found for the defendant, and judgment rendered thereupon. The plaintiff appealed. The evidence and the charge of the presiding judge, is sufficiently-set out in the opinion of the court.

This is a petition for a mandamus which was filed in the circuit court of Gibson county, by Crawford against Hess, entry taker, to compel a transfer of an occupant claim on the entry-taker’s book. It was heard on petition, answer and proof, and the presiding judge, Fitzgerald, awarded a peremptory mandamus. Hess appealed. He cited 4 Hum. 437, 6 Hum. 493.

This is an action of assumpsit, which was tried on the plea of non-assumpsit, in the circuit court of Carroll county, by judge Fitzgerald, and a jury. A verdict and judgment were entered for the defendant. The plaintiff appealed.

Bickford leased a lot of ground in Memphis, for ten years, to Conant, Conant binding himself to put a brick house on the premises, and to… Held: that the lessee is in no wilful default, until a demand of the rent due on the premises be made, and there be a failure on his part to comply with the demand. 2 Greenleaf Ev. sec 326-7. • “In ejectment to recover leased premises for non payment of rent, under the usual proviso, for re-entry on non payment of rent, for twenty one…

Trover for a slave and other property, in the circuit court of Madison, by Cole against Lassiter. Plea, not guilty. The case was tried by judge Read and a jury, at December term, 1847. A verdict was found for the plaintiff, and judgment given thereupon. The defendant appealed. He cited act of 1801, ch. 25, sec. 2; 3 Hum. 567; 7 Hum. 415; Cro. 270. '

Zacliariah Gent sold by bill of sale, slaves, to wit, Frankey and Albert, to Lane, and delivered them to him. Held: that even the words “die without issue,” although words of limitation, according to the English rules of construction are not necessarily so here; that the reason for the adoption of the rule in England, does not exist here, on account of the changes made in our own law, and (by implication) that, therefore, the rule itself should…

The justices of Obion county, at the April term, 1845, of said court, among other' things, ordered a levy of three cents on every one hundred dollars worth of taxable property of the county, for the purpose of building a new jail. To this act of the county court objections were taken, on the ground, that the levies for that purpose, already made, were amply sufficient to build and complete said new jail without any additional levy.

The record shows in this case, that E. Wright offered, in the county court of Carroll county, a paper writing for probate, purporting to be the last will and testament of L. Gwin; that the said writing was declared to be the will of said Gwin; that thereupon E. Gwin and others prayed an appeal, which was granted by the county court; that an issue was made up in the circuit court as to the validity of said alleged will, and that it was submitted to a jury, under the direction…

. Wilkins sued Sbaw and others in trespass on the case, in the circuit court of Gibson county. 5n the plea of non-assump-sit, there was a verdict and judgment for the plaintiff for the sum of $1456 damages at the March term, 1848, judge Fitzgerald presiding. From this judgment the defendants appealed. During the pendency of the suit in the fcircuit court the plaintiff died intestate, and the suit was revived in the name of his administrators.

Assumpsit by Johnson and Brigham for the use of Venable, against Irby and Gardner, in the circuit court of Weakley county. The case was determined at February term of the circuit coui^ of Weakley county, by judge Fitzgerald, on demurrer, in favor'of the defendants. The plaintiffs appealed. The state of the pleadings on which the case was decided, are fully exhibited in the opinion of the court.

This is an action of assumpsit, which was instituted in the circuit court of Hardeman county, by Hunter against Starkes, in October 1844, for boarding, servants hire, &c. &c. The defendant pleaded non-assumpsit and the statute of ‘limitations. To the plea of the statute of limitations, the plaintiff filed a general replication.

This is an action of trover, in the circuit court of Benton county, by Lashlee, administrator, against Wily. Plea, not guilty, and issue. The case was submitted to a jury, under the direction of judge Fitzgerald, and a verdict was found for the plaintiff for the value of the slave sued for. A motion was made to arrest the judgment. This motion was sustained, and the plaintiff appealed.

This is an action of ejectment, which was instituted in the circuit court of Madison county, by Saunders and wife against James Story and others. There was a verdict and judgment at the April term, 1848, in favor of the plaintiffs; Read, judge, presiding. From this judgment the defendants appealed.

Clavlc was indicted in tbe circuit court of Hardeman county, for murder in the first degree. He pleaded not guilty, and tbe case came on for trial at tbe June term, 1847, and was submitted to a jury under the direction of judge Dunlap.

This case of assumpsit was tried-by judge Read and a jury, at the December term of the circuit court, held in Jackson, in 1846, Verdict and judgment, on the plea of non-assumpsit, for the plaintiff. The defendant appealed. Tbe court will not disturb the verdict. 9 Yerg. 290; 3 Humph. 146. In an action for purchase money, breach of warranty is not admissible as a defence. 2 Barn. & Aid. 664;- 4 M. & W. 155; Chitty on Contracts, 2, 459j 471.

In this case a verdict and judgment were rendered in favor of the defendant, in commercial and criminal court at Memphis, King, judge, presiding. The plaintiff appealed.

This is an action for a forcible detainer, brought by Wood against Turner, before three magistrates of the county of Gibson, to recover the possession of a tract of land, lying in said county. On the 14th of January, 1846, the case came on for trial.

Henderson and Pavatt sued Thomas S. and R. Galloway, in ejectment, in the circuit court of Carroll county. A verdict and judgment were rendered for the defendants: Fitzgerald, judge, presiding. The plaintiffs appealed.

Allen appeared before the cleric of the circuit court of Dyer c.ounty, and procured the issuance of a writ of replevin for a two horse carriage against Applewhite. To this writ was appended an affidavit, which stated, that the carriage mentioned in the writ was his property, as he believed, and was not subject to be seized by Applewhite. At the return term of the court the defendant moved the court to quash the writ for want of-a sufficient affidavit.

Murrell obtained judgment in the county of Weakley, before a justice of the peace against Bynum, and execution having been issued thereupon, a certiorari and supersedeas were ' granted by judge W. R. Harris, and, in the circuit court of Weakley county, a motion was made to quash the execution. The presiding judge, Dunlap, overruled the motion, discharged the supersedeas and ordered & procedendo to the justice. From this judgment the defendant appealed.

Spivy recovered a judgment before a justice of the peace in Henderson county against Latham. Latham took the case to the circuit court by a writ of certiorari. There was a motion to dismiss the writ made by plaintiff. The judge, Read, overruled this motion, and on the trial a verdict was found for the defendant, and judgment was rendered thereupon. From this judgment the plaintiff appealed.

The complainant, Thomas Jones, filed this bill in the Chancery court for Gibson county, against Peter Jones, administrator of Elizabeth D. Jones. The defendant answered, and the ' case was tried on the proof at the July term of the court in 1847, and the presiding chancellor, McCampbell, being of the opinion that complainant was not entitled to the relief prayed for, dismissed the bill. From this decree the .complainant appealed.

Winfield, a free man of color was arrested by a watchman after ten o’clock at night, in the streets of Memphis, and lodged in the city prison, where he remained till morning. On the payment of ten dollars he was discharged, and the money was paid over for the benefit of the corporation.

This is a bill filed by Gwinn against Newton in the chancery court at Dresden. The case was tried by Chancellor McCampbell on bill, answer, replication and proof, and a decree given for the complainant. The defendant appealed. He cited 5 Yerg. 221; 4 Hum. 469; 3 Yerg. 127, 99 ; 6 Yerg. 36; 7 Hum. 39.

This is a bill which was filed by G. M. Mclver, widow of Donald Mclver, against the executors of D. Cherry, to wjt, N. T. & C. W. Cherry, in the chancery court at Jackson. The defendants demurred to the bill, and on the argument of the demurrer the chancellor (McCampbell) allowed the demurrer, and dismissed the bill: the complainant appealed. He cited 5 Cond.

This bill was filed in the chancery court at Huntingdon by Wiley against Lashlee, and was heard at the August term, 1847, by the chancellor presiding, (McCampbell,) on bill, answer, replication and proof. The bill was dismissed. The complainant appealed.