Volume 28 — Kentucky Reports

<p>Detinue.</p> <p>Appeal from the Jessamine Circuit; Wm. L. Kelly, Judge.</p> <p> Detinue. Assessed value. Execution. </p>

<p>Chancery..</p> <p>Error to the B.ourbon Circuit; James Cearke, Judge.</p> <p>Dismissal of bill. Exhibits. Bill taken pro confesso«</p>

<p>Nuncupative questioned* 8 collaterally,</p>

<p>Chancery.</p> <p>Error to tlie Franldin Circuit; Henry Davidoe, Judge.</p> <p> Parties. Resdsibn. </p>

<p>A proceeding court tdbs-y ¿r^disconti due cannot in any form it raay tllere sume, be cfon'sídered a suit</p> <p>Applicant :’for the éstáblishcontinuance of a road, is t °4oststle^ if he succeed ;in‘his applicaJr person who mayopposeit, hable for JJunty court-,</p> <p>In the estahJishment anti alteration of public roads, the county court act judicial1 y ; they cannot act on their own personal knowledge, but must adjudicate upon the report of viewers, arid on •■•uch other facts as may be adduced, and if they err in judgment, or if the fat U do not justify their order, this court will reverse it.</p>

<p>Error, to decree a part of the slaves to widow as dower, without any evidence of their value.</p> <p>Error to decree a sale and distribution of the slaves of an intestate, unless the personal rep-' resentative, if there be any, is made a party to the suit. If there beno personal representative one should be appointed and made a parly, unless such appointment be impracticable.</p> <p>If it appear, that the intestate died in another state, aud that the slaves of which dis-, tribution is .sought, still remain in another state, distribution may be dedecreed without- adminis tration.being. granted to any person.</p>

<p>Execution against the es ate of the widow and heirs; the sheriff sells "500 acres of land to be taken off the most northwardly siae of the widow’s dower;” and 500 acres to be taken off of the most northwardly side of the part belonging to tbe heirs; tbe sales invalid.</p> <p>Before assignment of dower, tho1' widow be in possession of mansion house, it is only in quarantine, which does not extend to woodland except for estovers, she has no transferable legal interest; she cannot make a lease; nor maintain an ejectment; nor is dower transferable by sale under execution; an assignment of dower after sale under execution, cannot render sale valid Bower can only be assigned by the county court upon the application of the widow or heirs, or some one having a legal interest in the land.</p>

<p>'Official copy of a deed which wnsnot recorded in time, is not evidence of its ■execution.</p> <p>bill by him for : a rescisión of / e oon rao ■ / If one of the \ parties to a | contract rela-S tive to land • or personalty, ; has conveyed , to a third i person an un- j portant part ; of the land .or j personal prop- j erty received by him in \ virtue of the ’ contract, and is unable to restore it, that is an insuper-. able bar to a</p> <p>Where there ”PP®acrp339t”yb® for reSorting to court of the complain-damages only, the chancel-J.°r °j?0grfl no-redress,</p>

<p>Indictment.</p> <p>Error to the Jessamine Circuit) Wm. L. Kelly, Judge.</p> <p> Common nuisance. Appeal. Jurisdiction. Court of' Appeals. </p>

<p>Som® famas.</p> <p>Error to the Franklin Circuit; Daniel Mayes, Judge»</p> <p> Recognizance. Scire facias. Deputy Clerk. </p>

<p>On a motion by a collector of the county le\y against the sureties of his deputy, a return of “not found” will, under the act of 1825, authorize an abatement as to the sureties on whom notice was not served, and á judgment against him on whom the notice was executed. Record of 0, judgment is not evidence against a person, who was neither party nor privy to the judgments</p>

<p>If estate devised , be thar'ged with the payment of testator’s debts, it con • stitates equitable assets which may be reached by a proceeding in chancery.</p>

<p>Error to the Jefferson Circuit; Henry Pirtee, Jü3ge.</p> <p>Executor. Slaves. Hire. Interest„ -Devisees. Purchasers. Partition.</p>

<p>Detinue</p> <p>Error to the Jefferson Circuit; Wm. L. Kelly, Judge.</p> <p> Detinue. Restitution. Decree. Plea of ‘•former decree.” Former judgment. Immaterial issue. </p>

<p>Report of viewers must state the public and private conveniences, which will result from establishing the proposed road</p> <p>Report of the UnduHve evL dence of the propriety or Impropriety of establishing a</p> <p>paroi evidence is admissible:</p> <p>Order apy^gassmu.t require them to report the andinconveniences of the ProPosetiroa<* -</p>

<p>Error to the Christian Circuit; Ben. Shacklelfojid, Judge.</p> <p> Assignment. Assignor and assignee. Covenant, </p>

<p>uBoth the hoi* toms below the road” construed to mean the two bottoms next to the road.</p> <p>Entry to He “on the south fork of Licking on both sides of the creek including both the bottoms below the road that the English made when they took Ruddle’s Station, and running down the creek for quantity,” must be surveyed in a square,</p> <p>Affidavit that heirs are unknown is m lsPensa e'</p>

<p>-p0 a bi]j 0f injunction, the plaintiff ment enjofncá is a necessary party.</p> <p>^ subpoena must issue against infant /lofcnHnnts rn defendants to a bill in chanoeiy*</p> <p>Before any deeree affect °an berendered, a guar- ®or e^”st have accept’d merit,^and14 that fact should appear rec°</p>

<p>OilAKCEJlY.</p> <p>Error to the Christian Circuit; Benj. Shackleford, Judge/</p> <p>Testimony. Witness. Decree.■</p>

<p>Error to the Fayette Circuit; Thomas M Hickey, Judge.</p> <p> Verdict. JYezu trial. Usury. </p>

<p>Motion.</p> <p>■Error to the Bath Circuit, Silas W. Robbins, Judge.</p> <p> Detinue. Execution. </p>

<p>When c5amafaint jury in-" dispensable,</p>

<p>ÜEBTi</p> <p>Error to the Harlan Circuit; Joseph Eve, Judge.</p> <p> Action. Debt. Covenant. </p>

<p>Demurrer proper to determine validity of scire fades.</p>

<p>Error to the Warren Circuit; Henry Broadnax, Judge.</p> <p> Release. Sureties. Judgment. Bond. Consideration. </p> <p>Covenant.</p>

<p>Trespass.</p> <p>Error to the Bath Circuit; Silas W. Bobbins, Judge.</p> <p> Clerks signature to writs. Writs. Attestation of writs. Trespass. Possession. </p>

<p>If an obligation, on which debt will lie, be reduced by partial payments to $5Q, a justice of the peace has exclusive original jurisdiction of the demand.</p> <p>An obligation for the payment of “current money o* Kentuckv” is pay gold or silver; yet “currency of Kentucky” means the circulating medium of the state at the date of the instrument in which the expression is used. . covenant to for mon|ati°n a°lone””eannot be satisfied by any thmg, silvlrcoin! ^assby°deHvery.</p> <p>If banknotes ^aid'awa^b1 the thiefi5, ^ they cannot b® the°looser from a bona Jlde holder of them.</p> <p>Sonforthfa" payment of «one hundred paidin money veoeivablc in tíre United Office^” debt will not lie.</p>

<p>Matter in avoidance must be proved.</p> <p>Anstver of assignor is not evidence against the assignee.</p> <p>Jf the def’nts. have no personal knowledge of the truth or falsehood of the allegations, one witness is sufficient- to authorize a decree vs them.</p> <p>of^nfnjuncT tion, the de?ree ®h?ul¿ ascertain the of the ama£e'.‘</p>

<p>Error to the Washington Circuit; Wm. L. ftELi,y, Judge</p> <p>Consideration. Fraud. “ Current bank notes.” Judgment for bank notes.</p>

<p>A creditor, whose claim is purely legal, must have judgment and exeeution before he can maintain a bill to set aside a fraudulent deed. If debtor has removed from the state, so that judgment cannot be obtained against him, creditor may( upon showing a well founded demand, maintain a bill to set aside a fraudulent deed madeby debtor.</p> <p>Replevying a debt is conclusive evidence of the solvency of the debtor at ■thedate of the replevy-bond.</p> <p>If during the peridenoy of an injunction, the solvency of the surety in the injunction bond be doubtful, the defendant may move the court to dissolve the injunction, unless additional and satisfactory surety be given.</p> <p>Assignor of a judgment is hot bound to refund to his assignee the consideration received for the assignment, upon theinsolvency of the obligors, unless, by express contract, he has bound himself to do so.</p> <p>Statute of assignments does not render replcvybonds assignable.</p> <p>The liability of assignors should not be extended beyond the point to which it has already been carried.</p> <p>Deed made without consideration and with a fraudulent intent,is binding between the-parties.</p>

<p>Whether a plea in abatement be good or bad, a demurrer to it should be overruled, if the declaration contain no oause of action. A demurrer exposes the defects of all the previous pleadings.</p>

<p>^ , ^ dn_ dorsed on a note, may be</p>

<p>Chancery.</p> <p>Error from the Madison Circuit; Richard French, Judge.</p> <p> Injunction. Damages. Surely. Replevin bond. </p>

<p>There is a difference between crediting partial payments by deducting amount of each when made, from the aggregate of principal and interest then due, ami calculating interest outlie residue up so the time when the whole debt is paid ; and calculating interest on the whole amount of' principal up to the time of the final payment of the debt, and then crediting the amount by all the psu tial payments and interest upon them.</p> <p>Whatever evidence is taken by a commis doner should be reported to the court.</p>

<p>Chancery.</p> <p>terrario the Caldwell Circuit; Bknj. Shackelford, Jutlgd,</p> <p>Fraudulent conveyances. Grantor, Judgment creditor. Judgment« Execution,</p>

<p>PJquiticá arising between obligor and assignor after assignment) cannot avail qgainst assignee,</p>

<p>If the testator have not sufficient mind,or a mind iir a proper state, to dispose of his “with.reason,” or according settled purpose of his own, he fentTo^makc a will,</p>

<p>a contract graneeTf lands8 be exeanted, there is resfrtin^to01' chancery on account of a ^lessTt be*'’ shown, that a fraud has been tending-^o^ convey what he had no right to.</p>

<p>CHANCElty.</p> <p>Error to the JcBerson Circuit; Join* P Ox-dham, Judge.</p> <p> Rescisión. Executed contracts. Defect of title. Fraud-■. Concealment. Misrepresentation. Release by incumbrance. </p>

<p>Ejectment.</p> <p>Appeal from the Madison Circuit'; Iíiciiard French, Judge.</p> <p>Landlord and tenant. Title» Estopped. Attornment* Judgment. Eviction. ■Parlies. Scire facias. Terre tenant.</p>

<p>•CíuNceuy.</p> <p>Appeal from the Livingston Circuit; Bisnj. Shackleford, Judge.</p> <p> Reversal. Decree. </p>

<p>Heirs are not responsible amount of estate fébeived by descent;</p> <p>To bi],, ob_ i;goe in bond for convey 0f tj,e tract, the admimstmtor of °ndEpl'ri£ible party. A decree for rescrcontract restoration of money, should ofthe assets in the hands °[ represen-™'</p>

<p>Chancery,</p> <p>Error to the Pulaski Circuit; John L. Bridges, Judge.</p> <p> Return. Choses in action. Deputy sheriff. 'Bailiwick\ Defendants. Hearing. Chancery practice. </p>

<p>chancery.</p> <p>Appeals from the Fayette Circuit; Thomas M. Hickey, Judge.</p> <p> Privy examination -of f(Me covert* Certificate. Relinr quishment. Recording. Deeds. Femes covert. Infants. Freehold. </p>

<p>chancery:,</p> <p>Érvor lo the Rockcastle Circuit; JogErir Eve, Judge.</p> <p> Vendor and vendee. Assignor and assignee. Bonds for conveyance of land* </p>

<p>One disiribu- ■ tee of an intestate’s estate is not entitled to a decree for distribution, unless .be bring all of the distributees before the court.</p>

<p>cuAV-omY.</p> <p>Error to the Madison Circuit; Rjcixaed French, Judge.</p> <p>Parol eoidmec. Dower. Relinquishment. Record evidence. Exhibition of title. Specific performance.</p>

<p>Appeal from the Madison Circuit; Richard French, Judge.</p> <p> Unsealed zorilings. Executed and executory contracts. Warranty. Bill of sale. Mistake. Parol evidence. Consideration. Mon est factum. Estoppel. </p> <p>covenaw.</p>

<p>iteed to a lis pendens purchaser, is subject to be avoided l),v the result oí' the pendant suit.</p> <p>To establi.h lieirship, the facts should be proved.</p> <p>Witnesses should not be permitted to depose who is heir or who is reputed-'to- b'e-heir.</p> <p>In sales of land for taxes, under our State authorities, the rule is, that the acts of the officer will be presumed correct until the contrary appears.</p> <p>If the list of lands delivericd by the auditor to the sheriff to be •sold for taxes, decribo the land as lying -on one watercourse and the sheriff sells the land as lying on that stream, 'but conveys to the purchaser land lying on another water-course, his deed passes no title.</p>

<p>chancery.</p> <p>Appeifl from the Christian Circuit; Ben. Shaciu-eword, Judge.</p> <p> Joinder in actions. Complainants. Defendants. Distribution. Distributees. </p>

<p>An infant complainant is not liable to costs.</p> <p>The prochein, amirof an iiw fant plnintijy ov complainant,is liable for the cosh of the suit.</p> <p>Prochein amie of an infant i-i incompetent to- be a witness for the fant.</p>

<p>A replevinBond'is not valid, either as a common Riw or statutory bond, unless the ofiicer had, at the time of its delivery, a legal: authority to coerce the-amount by execution against the principal obligor..</p> <p>Erroneous date to a replevin bond, does not rendor it void, as a common Iaw boml'</p>

<p>chancery.</p> <p>Appeal from the Nelson Circuit; Paul I. Booker, Judge.</p> <p> Patents. Patentee. Forcible entry. Possession. </p>

<p>Covenant.</p> <p>Error to the Nelson Circuit; Paul I. Booker, Judge.</p> <p> Debt. Bank paper. Executor de son tort. JVe renques executor. Value. Jury. Distributee. Witness. </p>

<p>Chancera.</p> <p>Error to the Lincoln Circuit; JonN L. Bridges, Judge.</p> <p> Assignor and assignee. Executor. Administrator. Assets. </p>

<p>Chancery.</p> <p>3sirror to the Madison Circuit; Richard French, Judge.</p> <p> Distribution. Parties. </p>

<p>Chancer Yi</p> <p>Error to.the Clarke Circuit; Wm. P. Roter, Judge.</p>

<p>chancery.</p> <p>Hm;r to the Madison Circuit; .Richard French, Judgp-</p> <p>Land• Sales. Contracts.</p>

<p>■Chancery.</p> <p>Error to the Fayette Circuit; Thomas M. Hickey, Judge;</p> <p> Deeds. Delivery. Title.- </p>

<p>-slander.</p> <p>Error to the Fayette Circuit; Thojias M. Hickey, Judge,</p> <p> Slander. General character. Evidence. </p>

<p>Error to the Rockcastle Circuit; Joseph Evf, Judge.</p> <p> Concealment. Supprestio veri. Fraud. Information.. Vendor and vendee. </p>

<p>who "without jioonse or authority from iUrfortKi,0rdact which J <!oes a lasting thefreehoid is guilty of ’ waste. *</p> <p>ma^’ right,“X;1 sufficient esto■vers for plowbote, fire-bote p-n¿L other house-bote; unless restrain jF^ynantsorexceptions. A teni‘n^.has "irtulVf 'his tenancy, to fromtheland gaje 0f tjm. ' ber by a ten-y/f^a^as^e’a tenant,JSeU timber from th?Lnd, isagroundto authon¿¿atof an Injunction to stay waste,</p> <p>In general, he only, who is entitled in remainder or reversion to the inheritance, can maintain an action for waste.</p> <p>He, who has no title to the land, is not entitled to an injunction to restrain •waste.</p>

<p>Where venidoe rescinds the contract, he shall account for the ■rents from the Hate of his purchase.</p>

<p>Motion.</p> <p>Error to the Harrison county court.</p> <p> Administration. Administrators. </p>

<p>Ejectment.</p> <p>Error to the Franklin Cirbuit; Henry DavigdE, Judge.</p> <p>JÉimitation. Ejectment.-</p>

<p>If wife’s right to a slave was such as the law vested in the husband on marriage, five years adverse possession of the slave by another after the marriage, bars the husr band’s right of recovery.</p> <p>If a person accept a legacy under a will, he waives hisl claim to all other property disposed of -by the- will.</p> <p>A person cannot hold under a will and against it.</p> <p>- Acceptance of a deviso under a vrillj is, by operation and intendmen t of taw, an abandonmout of perty devised by the Will,</p> <p>irrelevant* ev idencels noV” ground of reversal when it pears unposdMe that the party opposed to its admission nave boon prejudiced thereby.</p>

<p>CirANCEinr.</p> <p>Error to tlic Cumberland Circuit; Benj. Monroe, Judge.</p> <p> Pendente lite. Payment. </p>

<p>assumpsit.</p> <p>Error to the Bath Circuit, Sii.as W. Bobbins, Judge.</p> <p> Attorney at law. Client. Contract. </p>

<p>Motion.</p> <p>Error to the Montgomery County Court.</p> <p> ■Roads. Order appointing viewers. Viewers'1 report,* </p>

<p>Entry maybe invalid tor uncertJintJ-</p>

<p>Motion.</p> <p>Error to the Lawrence Circuit; Sri.as "VV. Robbins, Judge.</p> <p>Bond for costs. Motion. Costs. Abatement.</p>

<p>K ^ now sc-.teery that a feme covert iro* tyin theenjoyment of yise^toVer" bonafide, for her separate, interven tion of trust«os.</p> <p>w*lcTe ProP’ voyedexpresslytothewife’s use, tiüe which by operation oflaw vests in the husband, he will Inequity fas a trustee lor the wife to the extent of her equitable ri£ht proper y.</p> <p>fTno popifive witness, drcwmstances apuflioient'to>e ovcrruld (he denial in the of a'person ” who answers en his own lénowíciUc ° ’</p> <p>husband a’siavT^e may secure to bis. wife all e" toitbya conveyance to her separate therebWumself become,in equity, a tms fG€+</p> <p>A feme covert, ference to her separate properly, is com-potent to act in all respects,. 8s ifshe jvere a eme so e.</p> <p>in a court of covert may"6 in respect to hev separate' or be°sued "by her husband J or any other person.</p> <p>Chancellor generally adopts the limitation which bars the hgul remedy; but he will not do so invariably, nor ever, when the reason and policy of the statute of limitation do not appiy.</p>

<p>ClIAtíOEJO'.</p> <p>Error to the Bourbon circuit; George Shannon, Judge.1</p> <p> Damages. Decree. </p>

<p>An answer, to-be good as a bill of inter-pleader,should state that the interpleader is desired for purposes of justice and without collu-</p> <p>Certificate of must* show”’ when and in theordcr'of publication was- publish-</p> <p>To- authorisedistribution"5 there should' be proof that ¡uUsCffl™Pd1s-tributees..</p>

<p>Chancery .</p> <p>Error to the Anderson Circuit; Daniel Mayes, Judge.</p> <p>Injunction.. Title, defect of. Consideration. Agent.</p>

<p>An assumpsit made by an administrator in consideration of an assumpsit by the intestate and because he is administrator, does not render him personally responsible.</p>

<p>chancery</p> <p>Error to the Madison Circuit; Richard French, Judge.</p> <p>'Dower, relinquishment of. Clerk of county court. Magistrates.</p>

<p>Where plain-rt'lít to ’a jmigment ° and has only Judgment for too°maoh,'diis judgment, at ^mild^ot 0n account’of the excessive-n®¡^cj^aiis Judgment,^ be injoined.</p>

<p>Covenant.</p> <p>Error to the Franklin Circuit; Daniel IVIayes, Judge.</p> <p>■JYon-suit. Costs. Partnership. Partners. Covenant, action of. Account, action of.</p>

<p>Addition at the loot of a judgment, stating that the plaintiff has endorsed his declaration that bank notos maybe received in discharge of the judgment i9 only the recital ofafact, and no part of the judgment; and on a judgment for specie,rvith such an addition,the plaintiff may collect specie.</p>

<p>AssuMrsif.</p> <p>Error to the Christian Circuit; Benj. Shackleford, Judge.</p> <p> Commonwealth paper. Bank notes. Attorney at law. Assumpsit. Special counts. </p>

<p>chancukv.</p> <p>Error to the Montgomery Circtiit; Silas W. Robbins, Judge.</p> <p> -Mortgage. Foreclosure. Decree. </p>

<p>Decree a"gainst an absent defend--’ ant and his resident debt- or- attaching the debt for the benefit of complainant, must require of com.daini ant bond for abiding such future order as may be made for restoring the property to the absentee, upon his appearance and answering the bill.</p>

<p>At common law, an heir, executor or administrator, by failing to plead or by mispleading, might subject himself to a judgment de bonis propriis.</p> <p>The provision of the act of ’ll which exempts executors and administrators from personal reponsibility for omission to plead or for false pleading, applied also to heirs and equally protects them.</p> <p>Judgment de bonis propriis, against an executor or administrator by default, is erroneous. Judgment de bonis propriis against an heir by default, is erroneous.</p> <p>Judgment by default, against an heir should be against the estate descended only.</p>

<p>Chancery.</p> <p>Fvror to the Franldin Circuit; Henliy Davldge, Judge-.</p> <p>Heirs, Ancestor.</p>

<p>AsstuursiT.</p> <p>Error to the Nelson Circuit; Paul I. Booker, Judge.</p> <p>Limitation, statute of. Moral obligation. Executors and administrators.</p>

<p>ari f1Jct t0 bind his principal bí a writing 7l'YLClñT SGCLL n<\. must be ai\. - thorizedby deed-</p> <p>where the power gran-teLl fy ,an CT^if^inan attempt to hind his prin. cipal, he vary from it, what he does is not merely voidable by the. principal, but;, it absolutely void.</p> <p>A person rvho has bcencompelled to pay money by the judgment of a court of competent jurisdiction, to the payment of which, others should, injustice, have contributed, may, by bill in equity, compel them to contribute.</p> <p>Anciently., it was in courts of equity alone, that one surety, who had been made to pay the whole debt, could compel contribution from his co-sureties.</p> <p>A surety who hasbeen compelled to pay the whole debt, may coerce contribution from his co-sureties by an action at law.</p> <p>Chancery has concurrent jurisdiction with the courts of oontribution by co-sureties, has been I?a<3e,t‘tfay '</p> <p>_</p>

<p>Wherever the letters of administration are granted, the administrator is responsible tinder the'laws of that co'untry, to dispose of the effects which may come to his hands,-as those laws may require.</p> <p>International Jaw, requires the distribution oía. decsdent’s effects to be made according to the laws of the country ■where the decedent was domiciled at his deaih. If a decedent js domiciled in -flu» stale at his death, and a person in another stale takes out letters of administration there, on sp much ofthe decedent’s estate as lies within that state; the distributees may, by a suit instituted in that state, compel the administrator, there, to distribute the goods and chattels in Ms hands according to the laws regulating distributions in this state.</p> <p>If a decedent is domiciled in this slate at his death, and a person in another state takes out letters of administration there, on so - much of the decedent’s estate as lies within that state, and afterwards such administrator, removes and settles in this state; the distributees may institute suit against him here and compel him to make distribution of the decedent’s effects, in his hands according to the laws regulating distributions in this state.</p> <p>Where two persons administer upon the estate of a decedent, the one suoing out letters of administration in this state, and the other taking out letters of administration in another state; the administrator here canr.ot compel this administrator of another state,- to pay-over money to him for distribution.</p>

<p>Chancery.</p> <p>Error to the Shelby Circuit; Henry Davigde, Judge.</p> <p>Revivor. Process, service of.</p>

<p>Although usurious interest has been collected from a person on a judgment for commonwealth’s bank notes, it is error to render a decree in his favor for its amount m commonwealth’s bank nates.-</p>

<p>When the legal effect of a guardian’s bond is sever al, a separate suit for the benefitofeach ward, will lie uponTt.</p> <p>Suit against former guardian and his surety, upon Jjis official bond, must be in the name of the infant, as relator by his prochein arnie, and not in the name of the present guardian.</p>

<p>Judgment rendei'éd upon a verdict of eleven jurors, unless the defendant was in court to waive objecison to the number, is erf, rffneotXS.</p>

<p>WhenthetravorSe bond misredtes the t;on took place, thetray or sor may mdenoTto6” prove thatthe ^aJ^e0ute(l jor th¿ caso under trial,</p> <p>Thespú-itanS *®*SOpgg atwo to áp--" peal bonds, apply to <-•«- verse bonds.</p> <p>A traverse is an appeal.</p>

<p>’.Traverse.</p> <p>Error to the Grant Circuit; H. O. Brown, Judge.</p> <p> Traverse. Bonds. Forcible entry and detained. </p>

<p>Assuairsrr.</p> <p>Error to the Garrard Circuit; John L. Bridges, Judge.</p> <p>£ssumpsit. Executions.</p>

<p>A court of eSfiíljctionto injoin the sale of slaves or “e!zedPbyPlm fados, on the application °f property,</p>

<p>Motion..</p> <p>Error to the Nelson Circuit; Paul I. Booker, Judge.</p> <p> Sale. Motion. Sale bonds. Title. </p>

<p>chancery,</p> <p>Error to the Franklin Circuit; Daniel Mayes, Judge.</p> <p> Specific performance. Foreclosure. Mortgage. </p>

<p>Covenant.</p> <p>Error to the Barren Circuit; Benj. Monroe, Jud^c</p> <p>Breach, assignment of. Covenant.</p>

<p>Two distinct judgments or dem-ees «inuot be joined in the same writ of error.</p>

<p>tionprSr'to" a valuation of **>' invalid, .vLi^d shortly afterwards, and' the valued'onancfre-" turned with the exeyution‘</p> <p>Whether tm omission to mrnany valuationof SÓW u.h‘ toukVinvah” date t he sale, ?«««” Mission to” make or re-tum-valuationofJand sold* under execution {heright of redemption the in equity, ?</p>

<p>Appeal.</p> <p>Error to the Shelby Circuit; Daniel Mayeo, Judge,</p> <p> Contract. Assignee. Performance. </p>

<p>Covenant.</p> <p>Error to the. Madison Circuit; Richard French, Judge,</p> <p> Suitors. Vigilance. JYezv trial. Error. </p>

<p>Covenant.</p> <p>Error to the Rockcastle Circuit; Joseph Eve, Judge..</p> <p> Inquiry, writ of. Jurors, Judgment. Reversal. </p>

<p>The expression ‘••abnut two miles,” when used in an entry, means or imports exactly "two miles.</p> <p>in an entry made in !83 a call for “Ks-till’s battle ground” or for the place “where Capl. Estill was killed,” is sufficiently notorious and descriptive.</p> <p>In general, a person who tenant ^ quasi tenant under another’^ 1S¡nSe°uitv as well as at3 law, to deny und°r tered, or to insist on being proteotedm itPPby\a°king refuge under iU)y adversary claim,</p>

<p>Where vendee, who has paid for land in plank, brings suit for damages, for a failure to convey, he is entitled to interest only from the time the plank was ■delivered.</p>

<p>Upon the death of the complaiuant revivor filed, for reviving ’ the suit in the administrator, it is irregular to oider without having proce.!-issued upon the I,in’</p>

<p>Motion.</p> <p>.Ürror to the Franklin Circuit; Henry Davidqe, Judge</p> <p> Execution. Notice. Motion. </p>

<p>-covenant.</p> <p>Error to the Green Circuit; Benj. Monroe, Judge.</p> <p>• CommtmzoeaUh’s bank notes. Endorsement. Vzrdict.</p>

<p>When the landlord taa which the tenant was no Party>ancl it does not appear that the any*ciaim for improvements,the canmovefor6 a judgment* for compensaÍZvJm?tis~ under the occupantlawof</p> <p>, if the tenant be entitled in portion onfL amoun, decreed for improvements, the landlord js,- quoad hoc, trustee for the tenant.</p> <p>And, in such case, a decree in favor of the landlord for improvements will, on account of the privity be- ■ tweeu Him and his tenant, bar any subsequent suit by the-tenant against the evictor for improvements.</p>

<p>After pleas have been should not be thereafter re-^r^fofthdr defectiveness-, b-t should be dewtMrrfti t0-</p> <p>Where a per-¡-on pats his name on a olauk piece of paper and agrees that the up a delivery bond above ce SofficerU°’ commits no forgery, so acts within the scope his authority.</p> <p>„„ . where a person signs a bo™? and tu?" thorizes (ho officer to fill it doesTifin0 good thhh, an d returns it ‘.to "aninjundcrs nrc committod, and by sued on*thVS" bond, such person sustewí!S »injuria,</p>

<p>"Covenant,</p> <p>Error (o the Rockcastle Circuit; Joseph Eve, Judge.</p> <p>Covenant. Averment. Dismissal of suit. Action, cause of.</p>

<p>For failure to return an execution en-take Com-banknotes the officer Is tesponsible tor its°amoun”f at the limo he becameliable, cent1 thereon and no more.’ But, where an 'officer has cotmonweahth’s ¡udgmentfor1 their nominal amount may aga&íst°him on motion, ,of</p>

<p>Chancery-.</p> <p>Error to the Montgomery Circuit; Richard French, Judge-</p> <p> Lien. Jurisdiction. Chancery. Purchase money. Vendor. Commonwealth's hank notes. </p>

<p>chanceiií,.</p> <p>Appeal from the Franklin Circuit; Daniel Mayes, Judge</p> <p>^ Decree. Fraud. Review, bill of. Reversal.</p>

<p>Chanceen</p> <p>Appeal from the Green Circuit; Benj. Monkoe,-Judge.</p> <p> Matter in avoidance. Defendant. Answer. </p>

<p>ClIAXCEttV.</p> <p>Error to the Bourbon circuit; George Shannon,Judge}</p> <p> Orders. Compromise. </p>

<p>The testimony of one witSto’eui®" ties complainant to ^ nial in the unswer. '</p>

<p>trespass.</p> <p>Appeal from the Hickman Circuit; Benj. Shackleford, Judge.</p> <p>Trespass, qunre clausum fngit. Possission. Entry. Patent. Patentee. Lani. Trees. hxtrud r. HJrs.</p>

<p>a constable is not bound to' 0yer ,„oneyay collected by llim'</p> <p>in an action against a surety of a a failure by the con«taW °^reo "¿d^y the declaramwit avez th/money0 from the coastable, and a / y mn</p> <p>A replevin, bond'is-a im'ii&g obligatory. The 7th section yf' the Act of ’20, which l'endevs constables and their sureties liable to the same proceedings for money collected by him on any writing obligatory or account, as if he had collected it under execution, embraces replevin bonds.</p> <p>The sureties of a constable, otta replevin bond without execution, are amount thcreof.</p>

<p>Whenever the covenant sued on, renders the sura, which the plaintiff is entitled to recover, certain, and the amount of damages cannot be influenced by extraneous foots, the eourt may assess the damages and give judgment without a jury, unless the case comes within the operation of the statute in 1 Digest, 248. Qikc re ? Is there any case in the action of covenant, wherein the court can render judgment without a jury, except casps’in which the defendant has stipulated to pa.ym.oney?</p> <p>When, the breach of a covenant to convey land has occurred viilh- ut fraud on the part of the covenant- or, the criterion of damages, is thopwchase money,. and interest thereon, or, in other words, it is the value of the land, at the time, of the sale, to be ascertained by the con-/ sideration fi«;ed or other evidence.</p> <p>When a covenantor has been guilty offraud, he is responsible for th eincreased value of the land at the time his covenant should have been performed.</p> <p>Under an avermeut of 'aTce onTcovenanttoconvey land, ir covenant^ or’s failuiv to convcy, is admimblc.</p>

<p>The name oi the obligor ^“^tor.nt.oil ¡6strongpriwe facie evidence, that it has been correct!*cancelled,.</p>

<p>chancery.</p> <p>.Error to the Madison Circuit; Riohard French, Judge.</p> <p>Heir. Mother. Land»</p>

<p>Appeal from the Mason Circuit; William 1\ Kopek, Judge.</p> <p> sS'iaves. Contingent remainder. Executor, sales by. Purchaser. Trespass. Trover. JYon-joinder. Detinue. Legacy. JYon-suit. </p>

<p>Debt.</p> <p>Error to the Mason Circuit; Win. P. Roriin, Judge.</p> <p> Executions. Return. Sheriffs. Damages, failure to return executions. </p>

<p>i>cti.n-uK.</p> <p>Error to the Green Circuit; Bk\,t. Monuol, Judge.</p> <p> Ejc culithi. Plaintiff. Title*. </p>

<p>('llANC'EK</p> <p>Error lo tho Trigg Circuit; Hknj. Shackelford, Jadgt.</p> <p> Costs. Answer. Chancery practice. </p>

<p>On the disso lution of an injunction, a decree “that the defendant recover of the complainant ten per cent, damages on the amount injoined,” is error, unless, from the record of tho common lawsuit having-been made an exhibit in the cause, or from other matter appearing in the record, the damages may be calculated with cerlainti/.</p> <p>On dissolving an injunctioii with (IlUIKlgPS, it Í3 till) dsiW of the court to ascertain their amount.</p>

<p>.Chancee y.</p> <p>Appeal from the f.impscn Circuit; TI. F. Broadnax, Judge</p> <p> Sheriff. Executions. Surety. Release. </p>

<p>To recover a c/iosc ?a action accruing to the wile du.ii sola., or for an injury ¡sustained by the wife daring covet"re, the husband and wife must join in the action.</p> <p>A suit for a rho!C in action accruing to the wile dum sola, or for an injury sustn in-ed by the wife during coveturr, will not abate by the husband’s death pendenfe lite.</p> <p>In such a case the cause of action survives to the wife</p> <p>A judgment, obtained by husband and wife, in an ac-1 ion in which the wife was a necessary party, survives to the wife.</p> <p>In caseswhere the husband may sue alone, yet if ho join his wife, the cause of action andjudgmerit survive to her.</p> <p>A judgment for costs, in a suit proseout'ed by husband and wife causa uxoris, survives to the wife whenever the cause of action or judgment in chief would survive to her. When a judgment, on the death of the husband, survives to the wife, she is entitled without scire facias, to have execution* issued on the judgment in the names of herself and husband.</p>

<p>ScHlE Pactab</p> <p>Error to the Montgomery Circuit: Silas W. Robbins, Judge.</p> <p>. . t i „ , Cfioscs m action. Judgments, survivor of Husband and wife. Scire facias.</p>

<p>Chancery .</p> <p>Appeal from the Jefferson Circuit; Henry Pirtle, Judge.</p> <p>Frauds and perjuries, statute of. Land, verbal contracts for. . Principal and agent.</p>

<p>A motion against a sheriff and his sureties, for a failure to return an nxe rution, must be aguinst all of the sureties.</p> <p>On a motion against a sheriff and his sureties, for a failure to return an execution ; a return of "no inhibit ants” as to part of the sureties, will authorize an abatemen t of ire motion, as 10 such non-resident sureties.</p>

<p>debt.</p> <p>Error to the. Bourbon Circuit; Iíioiukd French, Judge.</p> <p> Sd-off. Adminis ¡'tutor. </p>

<p>Covenant,</p> <p>Error to the Green Circuit; Benj. Monroe, Judge.</p> <p>Covenants, construction of. Land.</p>

<p>When, there was a diversityand contrariety of evidence before the jury,a new trial wil. not, in general, be grani ed.</p>

<p>Records of suits, prosecuted in any State in the Union, when authenticated by a certificate of the clerk of the court with the sea] of the court annexed, together with a certificate of the judge thereof; that the person giving such certificate is the clerk, and that his certificate is in due form, arc competent evidence in oúr courts</p>

<p>' ClIAXCEIty.</p> <p>Error to the Warren Circuit; ííenrv Broadnax, Judge.</p> <p>Foreclosure. JVisi decree. Mortgage. Sale. Writ oj error.</p>

<p>L“dlciri1 . tain trespass 9mrf clausum was in the actual possossion of the locus in quo, at the time of líop^rsojmúif one in the’actuat posses-at the lime of the trespass, can maii'tain trespass guare claurumfregii.</p>

<p>COVENANT.</p> <p>ISrror to the Washington Circuit; Wm. L. Kenny, Judge.</p> <p>Surety. Indemnity, covenant of. Breach Pleas, lie pkvin Bonds. Levy.</p>

<p>Act of Congress of 1800, authorizes a suci ceding marshal to finish the incomplete business of bis predecessor.</p> <p>By the.common law, a sheriff, who commences the execution of a judgment, must complete it.</p> <p>By an act of Congress of 1795, marshals and their deputies are vested with the same powers lor the. execution of the laws of the United rotates, as sheriffs ami their depu’ics in the several stales have by Jaw in executing the laws of their respective states. Act of 1790, requires the deputy sheriff, untier train of a forfeiture of f-'-l 0 to subscrihe kis own as well as that of his principal, to his return of any wiit of execution or other process, when he has served it.</p> <p>Act of 1798, which subjects lands to "saleunder ex oculion, provides, that on all sales of land under execution, the sheriff or other officer shall convey the same to the purchaser. Act of r/9¿, which retó subscribe 'ris own name, as., oT^^ii-iocipal, to a return on an ex-o°her°orooess does not ren-’ der the thing "ertormed ofofauomission by the deputy ®l> to subscribe a writ signed ■ B depusheriir"’ a" sufficient.</p> <p>a deputy shwiff or a coroma-y00f by him under execution,</p> <p>when land has been sold deputy deed to the purchaser signed by the deputy marshal, is valid.</p> <p>Tfie marshal or his deputy, may sell land without the limits of the county in which it lies, provided, he-has written-directions from the defendant in the execution, authorizing him so to do.</p> <p>The proceodingsof the statotribu-11 are valid and lawful, ?nd Wll( them accordingly, unless, ci,?ai.]a/jncon sistent with some settled the^SbuivU cai¡eií on \Q enforce them,</p> <p>^urtsAaiic* authority to 'lsf"e ncm^heneverthe proceedings ' under any conformity to the laws of reason, why an officer or 111 ® consider then, void.</p>

<p>Véndée’-of ieoriVéd r]eej ^th warranty and. been let mto i^stjbrany injury which be may sus«on under an. interfering patent,-seek com-mm law, un]essi a fraud the title°has been practised upon hjm-</p>

<p>Although the holder of a note, which contains usury, has received as much Commonwealth’s bank paper, in discharge of it, as nominally amounts to the entire sum called for by the note, yet, he has received -<o usury, unless, the Commonwealth’s bank paper, accepted by him m discharge of the note, amounts in real value to more than what was legally clue.</p> <p>Aexecutes his note to Bfor $1000, containing $200 of usury, A pajs B $1000 in Commonwealth’s bank notes, when ■ at a depreciation of 50 per cent., aud, thereupon, B surrenders the note to A., in ki! oil case, A cannot recover o B the $'lu(i of usury which the note coiituined.</p> <p>Ji ^ loan B $ 00, and take nis note for íj'iOO. ¡I .id afterwards accept 4100, or its equivalent, ■'■¿ilt’in Co anno tf wealth’s pa- ; r, in dis- , of the r,.-,e, he has oo louder any pisi or lejral claim on B. Nor in such case, can B complain of any usurious exaction.</p>

<p>‘Although a recognizance (iocs not expressly shew «pon its face, that it was acknowledged before the clerk of the court in which the judgment was rendered, jfit he reasonably i- ferable that it was so acknowledged the obligors therein cannot ob ain a quashal of it.</p> <p>It will bo presumed, until the contrary ■appears, that officers do their duty, and that they do not usurp ¡lowers which have been delegated to otiléis exclusively.</p>

<p>motion.</p> <p>Error to the Franklin-Circuit; Henry Davjdgf, Judge.</p> <p> Recognizance. Clerk. Presumption. ■ </p>

<p>chancery,</p> <p>Error to the Clarke circuit; Richard French, Judge.</p> <p> Attorney, power of. Agent, Contracts. </p>

<p>Chancery.</p> <p>Error to the Pulaski Circuit; Jour U. Bridges, Judge.</p> <p>Written contracts. Fraud or mistake. Fraudulent con' vcyanccs. Heirs. Partition.</p>

<p>Chancery,</p> <p>Appeal from the Jefferson Circuit; Henry Pirtle, Judge.</p> <p> Fraud. Contracts relative to personal property. Jurisdiction. Chancellor. </p>

<p>After a wili, “kerstEu”* hasten recorded in the the pe°0° state, an apan'aílmlnis-^ trator, by a-county court '</p>

<p>fTflANCERY.</p> <p>Appeal frodithe Jefferson circuit; Henky Piktle, Judge.</p> <p>Testament, probate of.. Lex domicilii. Foreign wills.» Probate. Land. Moveables. Implied revocations of wills. Slaves. Marriage. Issue. Legitmacy.</p>

<p>Chancery.</p> <p>Appeal from the Jefferson Circuit; Henry Pirtle, Judge.</p> <p> Fraudulent conveyances. Fraud. </p>

<p>^chancery.</p> <p>Appeal from the Mercer Circuit; W«. L. Kelly, Judge.</p> <p> ■JEquituhle assignee. Covenant. Parties, Publication. Cross Bill. </p>

<p>¡áuch allegations of a bill as are not denied by the answer will be taken as confessed.</p>

<p>■Ejectmknv,</p> <p>'Error to the Nelson Circuit; Pabi, I. Boolean, Judge.</p> <p> Ejectment. Additional demise. Possession. </p>

<p>Chancery</p> <p>Error to the Montgomery Circuit; Silas W. Robbins, Judge.</p> <p> Land, Vendor and vendee. Poss ’ssion. Heirs. Ad' minisimlor. </p>

<p>.slami*»,</p> <p>lirror to the Henry Circuit; Daniki. Mayes, Judge.</p> <p>‘ Jim trial. Jury. Reversal„</p>

<p>Where there is°nlya slight CV_ deuce tending jf «how that a fenecías too high or apénate*10 court will not,for tliat re|l-the ^Verdict^</p>

<p>When obligee in a bowl for anos oTTaiid has.-i right to demaiid a titli^iuid ohligor fails to ilion- that he suíu°a one^ho is not1entitled to a decree ior a specific ■the contract,</p> <p>^!icl1 a mm■’ilaiuant my relief ^ to ^ withhold from him a decree .for</p>

<p>Property ob'ained by the-wife, is not l^cmshhration as will support a conseftWnTon the wife,made by hi/a ynars c. ti/noHhe property; unlessj there ■was an ante-tr ot oraríagrnemont, pri or to reducing topowSsn, to make a settlement on lcr"</p> <p>... . ( to'trustees for use of the ■toe husband^ in consideration of propreceiVeTr^ hímkf right of his wife, will be contirv.ei vaun'</p> <p>When, with-her,*the wife wiJÍ propabiy bo reduced to nor his ereA itorscan ob-wife’s estate without maMoprot-iiion by settlement for her and hcr chiWrep-</p> <p>Ail voluntar,/ “om-eyarKvmiuio'by*'" cranttws v'hen oppressed bp debts, aro ineffectual to prevent antecedent creditors from subjecting; the property to the payment of their flehts</p> <p>Subsequent creditors cannot overreach a voluntary conveyance, unless they cansh-w that they have been defrauded within the operation of the statute against fraudulent conveyances.</p> <p>It is the intent and purpose with which the grantor acts, which renders the conveyance fraudulent un der the statute.</p> <p>A person in debt or out of debt may make a fraudulent convey anoe.</p> <p>When, from all.the circumstances oí a case, a fraudulent intent on the part of a grantor in _a voluntary conveyance is perceptible, the conveyance will be pronounced void, whether the grantor was indebted or not Deeds of trust ncód°no^abeS actually recorded within alter"uaTr*18 date- it*is enough under our statutes cesif^heyaro proved or ackaowledged, 'wiih °thfclerk to be recorded,</p> <p>Clerks have no power to receive proof or take acknowledgments of deeds, after the expiration of the lime within which the law requires the proof or ac knuwledgment to be made.</p> <p>Tf a clerk receive proof or take an acknowledgment of a deed after the expiration of the time within which the law requires the proof or acknowledgment to be made, his certificate is not evidence ol its execution.</p> <p>When from a memorandum endorsed on the deed and other evidence, there appears to be a mistake in the clerk’s certificate relative to the day on which the deed was proved or acknowledged before him, the mistake ought not to prejudice the rights of the parties to the deed,</p> <p>?*olico to une ilireoiorol'tbo Bunk of Ky. will not bo ro^a riled asnotico to tbe board, if that director bo interested in protectin'; his own title by not communicating his ■cnowledgc to ■lie board of drectors.</p> <p>Jinng atttf undisputed JJOf.umsiov of any riphtorpropcríy ereatos a lh¡Tt¡ít hm!t legal foundation.</p> <p>haw lwcn ’ij* presumed. Rather than disturb moil's possessions,» even n-ooi'djL</p> <p>Less t ban twe-ty yours posws too ivill not oren to a presumption of title to real (State.</p> <p>Tenants or lessees cannot gainsay title in their landlords..</p> <p>jjusl i]Cproof in the record thegenuwritten°ao^ knowledgFeut of seron aswLffi»». ■</p> <p>The doctrine of e.tnppd is "er in'the terrifuries of the chancellor Courts of equity will, whenever morality and justice, require it, estop an individual by written instruments as well as matters in pais, just as soon as a court of law will</p> <p>If a person is silent when he ought to speak, equity will debar him from speaking when conscience requires him to-be silent. Person who enters under an 'xecutory contract is estopped to deny the title of his landlord or vendor. Where a person enters upon land under an executory contract and afterwards rescinds the contract, equity requires him to restore the posteriori. Vendee, who holds under an executed contract (so far it relates to the execution of the deed) and who rescinds the contract for fraud, ■will not be permitted, in resistance of restitution of possession, to set up an out standing title vvhich°hasnot Been acquired try him.</p> <p>wil^esto^a' party'by matter óf record aud bywrias a court of-’ law, with this difference, chancellor af fords facilities for then- im-^ the ground of fraud, mis^ke, &c., xno'nltLw*0111 coi.rt will not indulge.</p> <p>¿Tpartyto* aud has sign-trust and in estopped to deity thetitleof in«f virtue of it taken posses sion of the trust estate, will, in any controversy with cei-tui que trust, be</p> <p>Possession tuken un‘ler an tract is ad-”" verso to all the world; possession thus acquire'‘ be divest-sup-"4 posing the tenant to be tule under which lie may have entereii* ,</p> <p>All absoluto conveyances of goods and chattels when the possession remains with the grantor, are fraudulent Possession of land by th.e grantor after an absoluto conveyance does not, per se, render the conveyance ■fraudulent.</p> <p>Conveyance of land, possession retained by grantor and the deed .not recorded within time, renders the conveyance auspicious.</p> <p>Prior equity founded upon a good consideration merely, must yield to a subsequent equity founded upon a valuable consideration.</p> <p>-Voluntary abased on^ooi consideration merely, will to ¿ontraots* for the purchase of real ¿felonsidemtion.</p> <p>A purchaser, ao-uiredthp1 title.</p>

<p>.Recovery on an article of agreement for land, barred by lapse of 20 years.</p>

<p>TSraveksjí.</p> <p>Appeal from the Boone Circuit; H. O. Brown, Judge.</p> <p> Boundary. Course. Entry on Lands. Fraudulent entry on lands. JYotoriety. </p>

<p>When, on a rescission of <t contract for land, it is proper to enforce vendee’s lien*for restitution of the purchase mw ney paid by oroe should" not give venUce a lien twf'but1 thS should subject the land to sale for the themoney advanced by vendee.</p> <p>When on a rescission of a contract for proper tíenforcé vendee’s lien fo> restitulion of the purchase mo•ney paid by •him, day should bo giv en to vendor for payment, and on his failure to make payment, the land should be subjected •to sale for repayment of the money -advanced by vendee.</p>

<p>Jtdion cannot be maintained in the “ame of tlie health! f^ the use’ of a 'paunty cred-j?” *ho county</p> <p>in the f ’ e remoc y‘</p> <p>** gainst all of !he obligors the county0 .^o render" judgment asainst some -of them with■out disposing ,of the caso u3 tot!ie otJieSS:</p>

<p>covenant,</p> <p>"Error to the Estill Circuit; Richard Pren-cu, Judge.</p> <p> ■Joint adions. Jud.g)nent ly confession. Discontinu'ancc, Defendants. </p>

<p>To-jusüfy fie-circuit court in granting a new trial up-"hat üio'ver» diet was against eyi-. donee, t-lio case should reverse a decisión of the circuit court overruling a motion on Sr1°,H,mb stin clearer,</p> <p>od by the sub scribing- witness, if there be one, or his absence accounted for. tion of a note must be prov-</p> <p>gainst anothofthejudgment and ney°had been" ooerced ad-The orignal note having been proved in the suit of an obligee a missable.</p> <p>Judgment vs. administrator ee bonis propriis, erroneous.</p>

<p>Motion.</p> <p>Brrortothe Henry Circuit; Henry Davidge, Judge.</p> <p> Motion. Counter security. Costs. Defendant. </p>

<p>Wife a ñecos ■ a-iry party to bill by husband to obtain possession of property devised or descended to her during coverture.</p> <p>Chancellor will not aid husband id getting possession of estate devised or descended to wife without adequate /provision being first made for her if she -rpquiro it.</p> <p>Where nothiheWerafim.* port of a will, to be pursued,</p> <p>Devise to chib dren, testator havins two, «and in ease without’s«ueh my wife is"to’ havethebeneñt of their estate during her life,” one dies without issfe,d!le j"dfo ¡ngt b 0</p>

<p>, L/ilANCFJU’,</p> <p>Error to the Madison Circuit; Richard French, Judge.</p> <p> Practice. Dismissal of bill, with or without prejudice.. Deed. Warranty.. Responsibility. Considcrat'iom </p>

<p>Judgment and proceedings of cour^wílí'be presumed to be correct,un^ews thereto be erroneous,</p>

<p>Hills of re ^iew founded upon matter de/lowjhe re-barred by'the lapse of three yoars from the thedeoree?</p>

<p>Covenant. & AssuMrsiT.</p> <p>Appeal from the Green Circuit; Renj. M'.nroe, Judge.</p> <p> Covenant. Assumpsit. Evidence. New trial. Partnership. Power. </p>

<p>jf guardian after entering !nl,° security, exeerne second copted by-county court, first boudfc not ^leased But if county the execution of second •uforcieroxóncrating first security, such secuntyisby the order re-biased.</p> <p>, , ...... i emulates iho power of as to^u-mli^ ansaiíchvards.</p>

<p>Appeal.</p> <p>Error {(/ the Mason Circuit; W.u. P. Ropek, Judge.</p> <p> Instructions. Jury. </p>

<p>Af'uo.t JJ.vmniY & •</p> <p>Vppoal /rom the Woodford Circuit; Wir,i,¡.ui h. Km i.v, Judge</p> <p> Testimony. Compelnwy of question. Witness, privilege of. Prartice. </p>

<p>-Chancery.</p> <p>Error to the Garrard Circuit; John L. Bridges, Judge.</p> <p> Practice. Infants. Specific performance. Time. </p>

<p>Fraud upan, the commnnicorporator1 ¿ to escape re.sponsibihtyby ,-s mgsoc in the names 'of infants.</p>

<p>ÍÜÍH!t!TllíERT,</p> <p>Error to the Montgomery Circuit; Silas W. Robbins, Judge.</p> <p>Evidence. Statutes. Possession. Instructions. Jury.</p>

<p>.Qhancery.</p> <p>Error to the* Monroe Circuit; BeanJ. Monroe, Judge1.</p> <p> Practice in chancery. </p>

<p>®Wí NAN?.</p> <p>lírror to ths Henry Circuit; Danies Mayes, Judge.</p> <p> Warranty. Covenant. Feme Covert. Husband ahdwifc. </p>

<p>'«uanceh-c.</p> <p>Frror to the Bourbon Circuit j Richard French, Judge.</p> <p>Chancery practice. 'Uncertainty. Bill far confessed. Costs. Garnishee.</p>

<p>Act of Feb. »99°’ n Ulfó slot oP18uá° relative to constables, ^ cónstíible'iuid bis sureties responsible for C^rmmin’th’s. Bank paper ’ eolli-eted outwit Und * not paid $ ver on demand,</p> <p>If bank pa" per collected,, fact should b'o so averred; declaration fur money not sustained by proof of collection of bank paper.</p>

<p>Debt.</p> <p>Error to the Washington Circuit; Wai. L. Kelly, Judge1.-</p> <p> Liability. </p>

<p>_ discretion to dPmhs a bill rJr the Jwal)t 0 pt, p_ er parties, afj”se versed and re«Vdismissed absolutely, that j* luul prior to rever‘.,1; tlle case must bo llagrant to warterpositiou of tl1’</p>

<p>'('«ANOERV.</p> <p>Error .to the Bourbon Circuit; Richard French, Judge!</p> <p> Surplus. </p>

<p>Assumpsit.</p> <p>.Error to the Montgomery Circuit; SilXs W. Robjuns, Judge.</p> <p>Nonsuit. Instructions.. Skmff. Assumpsit, implied. Money had received.</p>

<p>One witness without corroberuiiug ■circumstance» insufficient to controvert an absolute an- '• swer. *</p> <p>It a compl’t in chancery introduce his proof, and instead of having ap issue • made up for a jury, submit ■ j^chancellor' he must“ abide tbfe con— sequences,</p>

<p>Appeal from the Fayette Circuit; Thomas M. Hickst, Judge,</p> <p>Witness, competency. ,</p>

<p>Appeaia</p> <p>iirror to the Montgomery Circuit; Silas IV. Roiibi.vs, Judge.</p> <p> Testimony. Record. </p>

<p>1)' eii-vs. fully j epresent the interest controverted anil decree against them, conclusive upon the legatees, legatees not necessary parties. Retum o{- no property gives tic‘oroc, set-off,</p> <p>Creditor tel- . lingex’r. to - fifstifbuteo1 ‘-without rcg&rd to my re jease ox>r. nor exoneate ^‘e ej bythelaw, to take bond f1”^fj1<isdisr tribúteos and hold assets in. tuall debts of whi0h he had notice are sai isfie;1,</p>

<p>If adritinistration bond contain no clause in favor of distributees, sureties not liable for failure or refusal to distribute.</p>

<p>Error to rentier judgment against def’t. for failing to plead, demurrer having been -ustained to some of hispleas.when there still remains an issue, tho’ inaial.</p> <p>Record condemned. ■</p>

<p>Appeal from the Washington Circuit; Wm. M. Kelly, Judge,</p> <p> Consideration. Partial failure. Attorney at law. Client. Responsibility. r ■ ¡P’ </p>

<p>Party, whose ^ motioMhi success of which detestimohy'en. pays, if he be not alreadyin ^edt’o^otice; otherwise if the ^ depend upon the record,</p>

<p>Ifvemieehiw*accepted a ^dorand executed™ mortgage t0Pforoclo«e TCndee°c!annot protect lumsylf by1®" dor's tiffedio must rely up • on tile covenants in his deed.</p> <p>Where a bill in chancery refers to common law proceeding's of record in the same court in which it is filed, clerk ir making out a complete record should copy such proceedings, al•tho’ they may not have been 'read or used •on the trial of the chancery cause.</p>

<p>Before a vered°biSth°eiv' court and recorded, the judg-e has a m a witness ^aminedand cause his reexamination on°vMch°the jury are aot satisfied, orinwhich they are about to predicate an .jurf has cou-</p>

<p>replevin-</p> <p>Appeal from the Caldwell Circuit; Ren. Suacklejporh, Judge-</p> <p> Replevin. JVon cepit. Avowry, Judgment. J)e retorna hnbando. New trial. </p>