Volume 28 — Tennessee Reports

John Smith was indicted in the Circuit Court of Haywood county, for the murder of his wife, Jane Smith, by the administration of arsenic to her. There was a plea of not guilty, and the case was submitted to a jury, at the July term of the Court, in 1847, by Read, the presiding Judge.

Robert Logan was indicted in the Commercial and Criminal Court of Memphis for the murder of John Curry.

This is a bill filed for a discovery, to which there was a demurrer. The Chancellor allowed the demurrer, and dismissed the bill. The complainant appealed. I. Plaintiff is entitled to a discovery of such facts as he cannot ordinarily prove by the means placed in his hands in a court of law. Wigram on Discovery ¿19, note. 2.

Solomon G. Britt was indicted in the Circuit Court of Roane county, for obtaining bank notes, the property of R. S. Phipps, by false pretences.

Tbe Grand Jury of Grainger county, found a bill of indictment against McGinnis for an assault and battery on John Dalton.

An indictment was filed against S. Martin in the Circuit Court of Knox county,, which was in the following words: “The Grand Jurors for the State of Tennessee being duly summoned, elected, empannelled, sworn and charged, to enquire for the body of the county of Knox, in the State of Tennessee aforesaid, upon their oath, present that Samuel Martin, late of said county, yeoman, on the twenty-third day of October, eighteen hundred and forty-one. having in his custody and…

This is an indictment against the plaintiff in, error, West, for a disturbance of public worship in the county of Greene, by the sale of bread within one mile of a worshipping assemply of Christians. The case was submitted to a jury under the direction of Judge Lucky on the plea of not guilty, at the October term of the court, in 1847. The defendant was found guilty by the jury.

Riggs sued Shirley in the Circuit Court of Hamilton county on a penal bond for $520, the condition of which, exhibited on oyer, was that Shirley should defend a suit prosecuted against Riggs by George W. Mitchell and save Riggs harmless against all costs and damages. There was a demurrer to the declaration and at the November term, 1847, the demurrer was argued before Judge Keith.

<p>A negro, mulatto or toustee is not liable to indictment by tho provisions? of the Act of 1822; eh. 19, for marrying a white Woman or living with her ■as her husband.</p>

This is an action of ejectment by Lewallen against Overton, in the Circuit Court of Anderson. There was a verdict and judgment (Lucky, J., presiding) at the March term of the Circuit Court, at Clinton, in 1846, in favor of the defendant. The plaintiff appealed.

Martin Williams was indicted in the Circuit Court of Bradley county.

Pendexter & Alden brought an action of assumpsit in the Circuit Court of Rhea county, against T. M. Vernon, The declaration averred the execution of a note by Wilton to Pendexter & Alden, on the back of 'which was written the following, to wit: “In consideration that Pendexter & Alden would sell to James Wilton the goods for which the note is given, I agree and hereby promise to see the within note paid.

<p>All executions bear test from the first day of the term from which they are issued and are returnable to the first day of the succeeding term, and between these periods the lien of such executions are operative on the personal property of the defendant. Upon the return of the execution nulla bona its lien has expired, and an alias, by virtue of the former execution and its lien, is entitled to no priority of satisfaction over an execution issued on a judgment rendered at the term from which said alias bears test.</p>

<p>X. Where there is a verdict against the maker of a promissory note and in favor of the endorsers, the court has the power to set aside the verdict in favor of the endorsers, and leave 'it in force against the maker.</p> <p>2. A contract for delay made by the holder with the maker of a note, without the consent of the endorser, discharges the endorser. This contract need not be express. If the parties act on the tprms of an implied agreement it will be sufficient.</p>

Allison sued Knox & Hampton in the Circuit Court of Monroe county, in trover, for the value of a horse and other chattels. There was a plea of not guilty and issue. On the trial before Judge Keith the defendants proved the seizure of property by virtue of two executions against Allison in favor of Knox, issued by a justice of the peace. The justice who issued the executions deputised .William Hampton to execute them.

Keith sued Smith by warrant, and judgment was rendered - for the plaintiff. The defendant appealed to the circuit court of Anderson, and the matter in controversy was submitted to a jury, under the direction of Judge Alexander, where a verdict and judgment were rendered for the plaintiff. The defendant ajippealed.

Hewet executed a note to Thompson, and Thompson brought the note to Bell and requested him to sign it. Bell signed it, with an understanding that he was not to be held responsible thereon. Hewet was the father-in-law of Bell, and the administrator of the estate of Bell’s father. Beil signed the note, with the purpose of enabling him successfully to urge on Hewet the payment of it. Thompson died, and Gamble and Montgomery administered on his estate.

<p>The caption to an endietment states that the grand jurors were “balloted for, elected, tried, and sworn.” This is a satisfactory statement, that tfye jury was composed of qualified men.</p>

Rodgers obtained judgment against Newman before a justice of the peace for Knox county. Newunan obtained a writ of certiorari. A motion was made at the June term, 1847, to dismiss the petition. The motion prevailed, and the motion was dismissed by the presiding judge, Alexander. The defendant at the same term offered a supplemental petition, and moved that it be accepted as an amendment to his original petition. This motion was overruled.

P. B. Anderson executed and delivered two notes to the Bank of the State of Tennessee. One of these notes' was endorsed by D. D. Anderson and O. G. Murrell, and the other by A. Anderson and one W. P. H. McDermott. A deed of trust was éxecuted to the Bank to secure the payment of these debts. The deed conveyed a tract of land, lying in Hawkins county, to a trustee, and authorized •him to sell and pay the proceeds to the Bank, in satisfaction of such debts.

Wallace sued Hannum in ejectment for land in Blount county. During the pendency of the suit Hannum died. His death was suggested at the May term, in 1845. At that term Ann Eliza H. was appointed by the court, guardian to defend the suit ior the minors.

This action of ejectment was tried in the Circuit Court of Claibourne county, by Boyd special judge, at the September term, 1848, and judgment rendered for the defendant. Plaintiff appealed. In this case, suit was brought against tenant in possession, Lake, and the landlord, Wallen — now deceased — was admitted to defend. Lake has never asked to be allowed to defend.

Long sued Wiggins in the Circuit Court of Polk county. The declaration averred that the plaintiff delivered to the defendant a horse of great value, and that in consideration thereof, the defendant agreed to deliver, and did deliver to the plaintiff, a jack-ass, and then and there promised said plaintiff that said jack-ass could cover mares and was a foal-getter, &c,, &c., and that the said jack-ass would not cover ma-res, but was impotent, whereby said jack-ass was of no…

<p>The submission of a case, pending in court to arbitration, without agreeing that the award shall be the judgment of the court, works a discontinuance of the cause. 6 Hum. 29. This rule applies to courts of Chancery as well as courts of law; nor is it material whether the submission be valid or invalid.</p>

<p>1. Leave to plaintiff to amend his declaration, and to defendant for time to plead, is an abandonment of all existing issues, and if plaintiff amends bis declaration and no plea be filed to such amended declaration, the plaintiff is entitled to a judgment by default.</p> <p>2. A plea of payment to the assignor, before assignment, is a good defence to a note in the hands of an assignee; but not a payment to the assignor before the commencement of the suit.</p>

This is a bill, which was filed in the Chancery Court at Rogersville, by L. Mitchell, a feme covert by her next friend, against her husband and certain creditors, who had obtained judgment against him.

This bill was filed in the Chancery Court at Rogersville by Ford, a resident of that portion of Hancock county which was taken from the county of Hawkins against the commissioners appointed by act of the Legislature to organize the county of Hancock.

' Dyer sued Bates in ejectment in the Circuit Court of Jefferson county, and, on the trial before a jury, relied on a purchase of the real estate at execution sale, and a deed from Newman, sheriff of Jefferson county.

<p>1. The will of testator was, that his wife Isabella should have the whole of his possessions, during her widowhood, that the land he lived on should be divided equally between his two sons, when they should attain twenty-one years of age, and that the remainder of his moveable estate should be divided amongst his daughters. The testator, by this will, intended to give the whole of his estate to the widow during hei widowhood, to divide the land he lived on, at the termination of herwidowhood, between his two sons; that the balance of his real estate should descend to all his children equally; and thathis slaves should go to his daughters on the termination of the widowhood of the mother.</p> <p>2. The widow died without having been again married. Lydia became the wife of the complainant before the death of her mother. Held, that having no right to sue for the slaves till her mother’s death, and being then a feme covert, the statute of limitations had no application, and that she was entitled to them. for her separate use.</p>

This is a bill which was filed in the Chancery Court at Knoxville, by Jane Strong, widow and executrix o'f Dr. Joseph C. Strong, deceased, praying for a judicial construction of the will of the deceased. The case was tried by Chancellor Williams, at the April term, 1S45, and a decree having been rendered on the devise above set forth, which was unsatisfactory to the executrix, she appealed..

<p>jKeith, for the plaintiff in error.</p>

<p>Where a suit is prosecuted against the collector of county revenue, by the chairman of the County Court, for the use of the trustee of the county, security must he given, for its prosecution as in other cases.</p>

<p>Persons under the age of seven are incapable of contracting guilt. Between the ages of seven and fourteen, they are presumed incapable of contracting guilt. This presumption may be disproved, and thereupon such person is subject to punishment. After fourteen, the acts of infants are subject to the same construction and punishment as those of persons of full age.</p>

Sellars, a constable, levied on a wagon and team by virtue of an execution against James Tipton. This property belonged to Albert Tipton. Albert Tipton sued Sellras and recovered a judgment against him for the value of the wagon and team. Prior to the sale of the property, the constable demanded a bond of indemnity,, which was executed and delivered to him by Jobe and Fitzsimmons. Neither Jobe nor Fitzsimmons was plaintiff on the execution.

<p>1. If the provisions of the will of testator be not satisfactory to the widow, she must signify her dissent therefrom in six months after the probate of the will in common form.</p> <p>2. When slaves are emancipated by will they stand ón the footing of specific legatees, and if there should be a deficiency of assets first liable for the payment of debts, they must contribute as other specific legatees of personal property. If they should fail to raise such amount, they should not be sold but hired out by a receiver and the proceeds of their labor appropriated to the payment of such debts in due proportion.</p>

<p>1. A garnishee can only he charged on his answer. Therefore, where the garnishee stated that he had a horse in his possession which belonged to the execution debtor, hut that such horse was exempt by statute from execution, no judgment could be rendered against such garnishee.</p> <p>2. A garnishee may, after service of garnishment, purchase property from the execution debtor, and incur no liability thereby to the creditor. He owed nothing at the time of service of garnishment.</p>

This is an action for false imprisonment, instituted in the Circuit Court of Blount county, by David McCuIly against Malcom, Griffith, Matthews, and others. It was transferred to Knox county ; where, upon the pleas of not guilty and justification, it was tried by Judge Alexander and a jury.

This bill was filed in the Chancery Court at Knoxville, by Armstrong, administrator, with the will annexed, against Park’s devisees, for the purpose of obtaining a construction of the will. A decree was made by the Chancellor, (Williams) the terms ■ of which not being satisfactory to a portion of the defendants, they appealed.

Under certain acts of the General Assembly (which are set forth in the opinion oí the court,) by which the county of Hancock was organized, Brewer was elected Clerk of the Circuit Court on the 3d day… Held: in December. The two legislatures which passed the act and amended act for establishing Hancock, also passed bills forming some eight or nine other new counties.

<p>The defendant pleaded to an action for slander, not guilty, not guilty within six months, and that the words charged were true; and j'ury found the truth of all the pleas. The act of 1794, ch. 1, authorizes the defendant to plead as many pleas as may he necessary for his defence, and there is nothing-irregular in this finding and judgment thereupon.</p>

This is an action of ejectment by Armstrong against Shoalwater, in the Circuit Court of Knox county, for town lots. There was a trial before Judge Lucky and a jury at the February term, 1846. The jury rendered a verdict for the plaintiff, and judgment was rendered thereupon. The defendant appealed. ,

Lambden sued defendants in the Circuit Court of Claiborne county, and judgment on-demurrer was rendered for the defendant.

Roger brought an action of trover in the Circuit Couit of Campbell county against Miller and Carroll, for the value of two horses. There was a plea of not guilty, and issue thereupon.

Waller, a justice of the peace, for Roane county, issued a warrant against Staples, directing him to appear and answer the complaint of C. Ellis “of a plea of trespass on the case for taking and converting to his own use a lot of hogs, to his damage fifty dollars.” The defendant was summoned, and judgment was rendered for the plaintiff.

Hensley was indicted in the Circuit Court of Overton county for burning down the mill-house of one Dick. She pleaded not guilty, and on the trial before Judge March-banks and a jury, at the June term, 1848, it appeared that the mill-house was burned down in the night.

Phillips was indicted in the Circuit Court of Overton county for a rape committed on the body of Celia Wilson. He pleaded not guilty, and the issue thereupon was submitted to a jury, under the direction of Judge Campbell.

This is a bill which was filed in the Chancery Court at Nashville by John Nichol and others against the Mayor and Aldermen of the town of Nashville.

This is an action of ejectment which was instituted in the Circuit Court of Wilson county by Weatherhead against Sewell and others. It was submitted to a jury on the plea of not guilty, by Judge S. Anderson, and a verdict and judgment were given for the defendants. The plaintiff appealed.

This is a bill, which was filed in the Chancery Court at Nashville, by Mathew Barrow, against the Nashville and Charlotte- Turnpike Company, praying a recission of a deed, convéying an acre of ground to said company, executed by said Barrow, The case was tried by the Chancellor on bill, answer, replication, and proof. He rescinded the contract, and the defendant appealed.

McClendon said to his slave James, that he might go and be free, and James, acting as a freeman, sold spirituous liquors without license. For this he was indicted in the Circuit Court of Wayne county, and on trial, Hardin, special judge, charged the jury, that upon these facts he was indictable. He was found guilty by the jury, and fined by the court. He appealed. There is error in the charge pf the court to the jury.

This is an action of debt, which was decided on an agreed state of facts, in the Circuit Court of Davidson county, by Judge Maney, in favor of the defendant. From this judgment, the plaintiff appealed. The facts are correctly stated in the argument of Mr. Fogg, which follows : Judgments are liens on lands, which continue for one year, the time specified in the statute. Executions are liens on personal property, and relate to their teste.

This is an action of debt, brought in the Circuit Court of- Williamson county, by Scott, administrator of Brown, against Swancy. A judgment on an agreed state of facts was rendered in favor of the plaintiff by the presiding judge, (Maney) from which the defendant appealed.

Saddler sued Apple' in the Circuit Court of- Jackson county. His declaration was in trover for the conversion of a slave, and averred that plaintiff had instituted a former suit, and had recovered a judgment for half the value of the slave only, the jury acting on the erroneous opinion that plaintiff was entitled to half the value of the slave, there being another joint owner of the slave.

Reid,, as administrator, with the will annexed of L’Homedieu deceased, filed this bill in the Chancery Court at Nashville, against the Union Bank, the Planters Bank, and the bank of the State of Tennessee, and against the creditors of the estate of said L’Homedieu.

This is an action of ejectment by Herd and Taylor against J. C. and Jno. Dew, brought in the Circuit Court of White. It was tried by judge W. B. Campbell, and a jury, and a verdict and judgment given for the plaintiffs. The defendants appealed.

Trespass on the case in the Circuit Court of Smith county by Moore, Thomas, and Gold, against Carter.

The declaration avers the execution of a bill single, by Russwurm to Ferguson for six hundred dollars, payable at the Planter’s Bank, and the endorsement and delivery of said bill single by Ferguson to Childress, its protest, and notice thereof to the endorser.

Edney delivered a box to D. T. Scott, in the city of Nashville, with instructions that it should be conveyed to Shall, Innkeeper at Pulaski, to be by him held until the arrival of Edney at that place. Held: in odium spoliatoris, where the defendant had suppressed the deed, under which complainant claimed, so that the witnesses differed as to its contents, the complainant should hold the estate as claimed in his bill.

The 5th sec. of the act of 1835, chap. 13, provides for the issuance of licence to retail merchants, and fixes the tax thereupon.

This is an action of ejectment, commenced by the heirs of Wilson against Chilton and others, in the Circuit Court of Fentress county. After one or more trials in the county of Fentress, the case' was transferred to the county of Overton, where it was submitted to a jury by Judge Campbell, the presiding judge.

Thompson instituted an action againt Holt and others for forcible entry and detainer, before two justices of the peace for Williamson county, to recover the possession of land in the possession of Holt and others, and judgment was rendered for the defendants. The case was taken to the Circuit Court, by the plaintiff, by writ of certiorari. It was submitted to a jury by the presiding judge, Mhney.

Patsy Troxdale, Nicholas Stephens, and William Upton were indicted for the murder of Edward Oneal and Sarah Oneal, his wife, and their five children, on the 15th day ■of September, 1846. The persons murdered were the father,, mother, brothers, and sisters of the defendant, Patsy Troxdale. The murder is charged in the indictment to have been committed with an axe.

Hansborough and wife resided in the State of Mississippi, and Cameron, the father of Mrs. Hansborough, resided in the State of Tennessee. Cameron executed a deed for certain slaves directly to Margaret, his daughter.

This bill was'filed in the Chancery Court at Columbia, to enjoin the enforcement of an execution on a judgment obtained against him in the Circuit Court of Maury county, for the sum of five thousand, two hundred and eighty-five dollars. At the final hearing on the proof, Chancellor Oahal perpetually enjoined the enforcement of the judgment. The decree entered states the facts of the case.

This is an action of assumpsit, instituted by Reynolds against Johnson, in the Circuit Court of Montgomery. On the plea of non-assumpsit, it was submitted by the presiding judge, Martin, to a jury, and a verdict and judgment rendered for the defendant. The plaintiff appealed.

<p>1. A purchase of land adversely held, is champertous and void. Whether it be held adversely to the title purchased is a question of fact. If the possessor agree to‘ the purchase, there is no adverse holding and no champerty.</p> <p>2. Where defendant rented land, he is stopped from asserting the invalidity of his landlord’s title.</p>

'Margaret Morely, a widow, aged about sixty, was the owner of about one hundred and sixty acres of land, fifteen or twenty slaves, and other personal property. She intermarried with Joseph Hackney, having previously made a parol agreement with said Hackney that he should, after marriage, convey said property to the said Margaret, for her separate use.

The defendant, in this case, was indicted in the Circuit Court of Jackson county, and tried by Judge W. B. Campbell and a jury who convicted and sentenced him to three years confinement in the Penitentiary. From this judgment he appealed.

Nancy Brown filed her bill in the Chancery Court at Carthage against Kerby, administrator of Richard Brown, for a distributive share of his .estate. The defendant pleaded that Richard Brown died intestate, leaving many children; that complainant was the illegitimate child of Patsy Brown, the daughter of Richard; that Patsy died before her mother, leaving no legitimate children.

Cato sued Price and Richardson, the makers of a note, before a justice. There was a judgment for defendants and the plaintiff appealed. There was a trial by jury before Judge Campbell in the Circuit Court of Dekalb, and verdict and judgment rendered for the plaintiff. The defendants appealed.

This is an action of ejectment, brought in the Circuit Court of Wilson, by Somers against S. and M. Craig. There was a verdict for the defendant, and judgment thereupon; Anderson, judge, presiding. The plaintiff appealed.

This bill was filed in the Chancery Court at Columbia, asking for the construction of certain wills, and the presiding Chancellor gave a decree, from which there was an appeal.

An execution was issued against Cocke and Davis, by a justice of the peace in Sumner county. The case was removed to the Circuit Court by certiorari. It was then tried by a jury under the direction of Judge Dillahunty and verdict and judgment rendered for the plaintiff. The defendants appealed. The act of staying a judgment is in the nature of a confession. Frost vs. Rucker and Payne, 4 Hum. 57.

Mary Powell filed her bill in the Chancery Court at Shelbyville, against Thomas Powell and. others. There were answers filed, replications, and proof taken. It was tried by Chancellor Ridley. He gave a decree for the complainant. The defendants appealed.

Wright obtained judgment against Williams and Wynne, sureties, and McDaniel, principal; execution was issued against the defendants, and levied on a slave, the property of the principal; the principal gave a delivery bond, with a surety. In this the original sureties did not join. The slave was not delivered, and a second execution was issued against all the defendants and the surety in the delivery bond.

Gray sued Williams in assumpsit for money paid for him. To which the defendant pleaded “non assumpsit, second, that plaintiff did not owe the debt on which judgment was rendered against him; third, that plaintiff is not damnified.” There were issues on these pleas. They were submitted to a jury and a verdict under- the charge of the presiding judge, Martin, was rendered for the defendant. The plaintiff appealed.

McFall sued Dunbar in replevin for slaves in the Circuit Court of Stewart, and a verdict and judgment were rendered for the plaintiff; Martin, judge, presiding. The defendant appealed.

This cause was tried by Chancellor Ridley, and a decree rendered for the defendant, Smith. The complainant appealed. He cited 3 Hum., 616; 1 Sch. and Lef., 132 ; 5 John., 72. He cited 6 Yes., 752; 4 Whe., 255; 1 Mason, 191; 1 John., 308; 9 Cow., 316; 4 Hawks., 256; 2 Sugden on Vendors, 65.

Frances Gray presented a petition to the Circuit Court of Lincoln county.

This is an action of. covenant. Pleas, “ covenants performed, and the statute of limitations.” Verdict and judgment for the defendant. Martin, judge, presiding. Plaintiif appealed. He cited 9 Yer., 62; 10 Yer., 521; 8 Yer., 623. He cited 9 Yer., 20; 12 E. C. L. R., 53; 2 Rich., 80.

This action of ejectment was tried by Judge March-banks, and a jury, in the Circuit Court of Warren, and a verdict and judgment were rendered for the plaintiffs. The defendant appealed.

This is a bill filed by order of the chancellor, Ridley, in vacation. A motion was made in open court that the bill be taken off the file. This motion was allowed, and the complainant appealed. •

White sold a negro to A. & G. Goodloe, and executed a warranty that the negro sold was a slave for life. The negro brought suit for his freedom and recovered it; whereupon this action on the case was brought against the administrator of White. The defendant pleaded the general statute of limitations and the statute for the protection of dead men’s estates.

Assumpsit for use and occupation. Plea, non-assumpsit, Verdict and judgment for defendant; Maney, judge, presiding. Plaintiff appealed.

This motion was tried by Judge Maney in the Circuit Court of Williamson, and judgment rendered for tie defendant. The plaintiff appealed.

<p>1. Bills of sale of slaves are required by the laws of North Carolina to be registered in twelve months from date; if they are not, they are void: Where bills of sale have become void for want of registration and the legislature thereafter passed a law extending the time for the registration of bills of sale previously made, bills of sale registered after the lapse of twelve months from the date of their execution, by virtue of such law are held valid in that State against all persons except those who derive title from the same bar-gainor previous to such registration.</p> <p>2. The laws of another State must be proved, and the fact that a deed comes from another State authenticated by a certificate of registration, is no pTOof of the existence of a law authorising such registration.</p> <p>3. The possession of slaves three years by a father for the child by virtue of a void deed vests title to the slaves in the child by virtue of the statute of limitations ; and gives no validity to the limitation created, by the deed. The statute of limitations can confer title on no one but the adverse possessor.</p> <p>4. The conversion of a slave belonging to an infant authorises an action, and the statute begins to run, but the infant is allowed three years after he becomes of age to prosecute his action. No disability subsequently arising can be added to the disability of infancy to defeat the operation of the statute.</p>

This is an action instituted by warrant before a justice of the peace for the value of com converted by defendant. There was judgment for the defendant and the plaintiff appealed. It was tried by Judge Maney and a jury, and a verdict and judgment rendered for the plaintiff; and defendant appealed.

Smith sold to Davis a chartered turnpike road on the route from Nashville to Sparta, for the sum of $8000, and covenanted “ to work out the road and put it in good order ” the ensuing fall after the contract was made. On this covenant Davis ■ instituted suit in the Circuit Court of White county against Smith, and it was tried by Judge Campbell and a jury.

On the 26th of October, 1841, the defendant, W. S. Olliver, conveyed to the defendant, Isaac A. Olliver, five hundred acres of land, in Haywood county, slaves Ezekiel, John, Beck, all the lands,… Held: that all voluntary conveyances, that is, all conveyances not founded on a pecuniary or other valuable consideration, were fraudulent and void against actual or future creditors. Oro.

Thomas Wells being the owner of two parcels of real estate in the town of Nashville, on the 14th November, 1840, mortgaged them to the Planters’ Bank of Tennessee, to secure the… Held: but stating it would be altered if the lessee assented to hold under the mortgagee. The following American decisions sustain the same position viz: Souders vs. Van Sickle, 3 Hal., 313; McKircher vs. Hawley, IQ Johns., 290; Watts vs. Coffin, 11 Johns., 495, and Mays vs. Shattuck, 14 Pick., 533.

This is a bill which was filed by Gotcher and others, ■citizens and justices of the peace, of the county of Coffee, against Burrows and others, justices of the peace, for the county of Grundy. The following is the decree of the court:— “ Be it remembered, that this cause came on for hearing the 17th day of August, 1847, before the Hon. B. L. Ridley, Chancellor, &c., upon original and amended bill, answers, replications, and proof, and in the presence of counsel on both sides.

This is an action of replevin for the recovery of a slave by Hall, against Tompkins and Rutherford. A judgment was rendered against W. G. Pierce and B. J. Rutherford, in the Circuit Court of Sumner county. In the Circuit Court of Bedford, a judgment was rendered in favor of the surety, Rutherford, against F. B. & W. G. Pierce; Execution was issued and levied on a slave, and the defendants, in this case, claim as purchasers at execution sale.

This bill was filed in the Chancery Court at Lebanon. It was heard by the presiding Chancellor (Ridley) on bill, answer, replication, and proof. He dismissed the bill and complainants appealed.

In this case the indictment was filed in the Commercial and Criminal Court at Memphis, for illegally voting in the election of mayor and aldermen of that city. The presiding judge, King, quashed the indictment. The State appealed.

<p>The act of 1833, cliap.43, which authorizes a judgment by motion against a sheriff, and his sureties, does not authorize such summary proceeding against the executor or administrator of such sheriff.</p>

<p>Appeal by the State from the judgment of the Circuit Court of Madison county; Read, J. presiding.</p>

This suit was commenced by summons which was returned before, a justice of the peace for Shelby county. It was for debt due by account. There was judgment for plaintiff, and the defendant appealed. It was again tried in the Commercial and Criminal Court at Memphis. It was there tried by Judge King and a jury, and verdict and judgment thereon given for the defendant. The plaintiff appealed.

This is a bill which was filed in the Chancery Court at Gallatin, by Draper and others, against Joiner, for an account. At the hearing on bill, answer and proofs, the chancellor (Ridley) gave a decree for the complainant. The defendant appealed. He cited Lev. on Trusts, 300, 324, 11 Ves. 380, 1 J. & W. 247. He cited Jones vs. Ward, 10 Yer. 170, 5 Hay. 90.

This is a bill which was filed in the Chancery Court at Murfreesborough, by Isaac and others to have their freedom declared and established, which complainants claimed by the provisions of the wills of James and N ancy McGill. At the hearing on bill, answer and proofs, the presiding Chancellor (Ridley) declared said slaves entitled to their freedom, on bond and security being given for their removal from the State, and they were allowed six months to give such bond.

Maxwell brought an action on the case against Bomar, the proprietor of a line of stage coaches, for the value of a trunk and its contents, which were lost. The trank contained about one hundred and sixty dollars in gold and silver coin, wearing apparel, a watch and other articles of less value. It was tried by Judge Dunlap, and a jury; and a verdict and judgment for the plaintiff for one hundred and seventy-seven dollars rendered. The defendant appealed.

Cole was presented in the Circuit Court of Decatur county. He pleaded not guilty, and was tried by Hardin, special judge, and a jury. He was found guilty, and on motion, the judgment was arrested. The State appealed. He cited Meigs’ Digest, vol. 1, 402; 4 Yerg., 141,146.

<p>1. The act of 1833, ch. 35, authorising the attachment of steamboats and keelboats for certain descriptions of debt was not intended to give a remedy against absconding or non-resident debtors; but to punish all persons who may have earned wages as'hands on such boats, or who may have performed work or furnished materials in the construction, repair or equipment of such boats, with a speedy mode of acquiring their rights without regard to the domicil of the parties. All that is necessary to fix the jurisdiction is the levy of the attachment and that the debt be contracted in the State.</p> <p>2. The statute directs that before the attachment shall issue, the items of the debt be specified, but if the aggregate be stated,'evidenced by note, then the specification is not necessary.</p>

This is an indictment for larceny. On trial in the Circuit Court of Fayette county, (W. C. Dunlap, J. presiding,) the defendants were found guilty by a jury, and judgment rendered thereupon. They appealed.

This is a bill, filed in the Chancery Court at Memphis. There was a decree by the presiding Chancellor (Jones) for the complainant. .The defendants appealed.

Cobb brought an action of debt in the Commercial and Criminal Court at Memphis against Ahrens. He pleaded that he-did not owe the debt, and there was verdict and judgment for the plaintiff; King, J. presiding. The defendant appealed.

This case was tried by Judge Read, and a jury, in the Circuit Court of Henderson county, and a verdict and judgment rendered against the defendant for murder in the first degree. He appealed. The facts are very fully stated in the opinion of the court.

This is an indictment against Pirtle, in the Circuit Court of Madison county for the commission of murder in the first degree by stabbing. The defendant was tried by a jury and under the charge of the presiding Judge (Read) he was found guilty, and judgment rendered against him. He appealed,

This case was tried in the Commercial and Criminal Court at Memphis, and judgment rendered for the plaintiff* The defendant appealed.

The grand jury of Obion county presented Atkinson for gaining at cards on 23d day of February, 1848.

This is an action instituted in the Criminal and Commercial Court at Memphis, by Dabney against Campbell and another. There was a verdict and judgment for the defendants. King, J. presiding. The plaintiff appealed.

Debt on a forfeited delivery bond in the Commercial and Criminal Court at Memphis. There was judgment on demurrer for the defendants, (King, J. presiding.) The plaintiff appealed. Debt will lie upon a forfeited delivery bond, 3 Call. R. 523; 5 Ala. R. 316; 2 Stew. R. 509. The summary remedy given by statutes, is cumulative only, and not substituted for the common law remedy, 3 Hump. R. 406.

This is an action of trespass in the Circuit Court of Shelby county by Taylor against Collomb to recover the value of a slave, Collomb had taken in the streets of Memphis, by virtue of the authority of Rond, who claimed the slave, in a representative capacity, under the laws of the State of Louisiana. The facts are stated more fully in the opinion of the court. There was a verdict and judgment for the plaintiff; King, J. presiding. The defendant appealed.

Allen brought an action on the case against Price, in the Circuit Court of Obion, for the value of a slave. Plea not guilty. On the trial, before Judge Fitzgerald and a jury, it appeared that an agreement was made, signed and sealed, between the parties, that Price was to have the use of the slave Elleck, belonging to Allen, from April to 25th December, and that Price was to furnish Allen with a mule of the value of sixty dollars during the time of the hiring.

<p>Ejectment in the Circuit Court of Obion, by Stewart, against Harris. Verdict and judgment for the defendant. Fitzgeral'd, judge, presiding. The plaintiff appealed.</p>

This is an action by Jacobs against Lashlee, admin-trator. There was a verdict and judgment for the plaintiff; Fizgerald, J. presiding. The defendant appealed.

This is an indictment for murder in the first degree. The defendant pleaded not guilty, was convicted and a new trial granted, and thereupon he withdrew the plea of not guilty, and pleaded that he was not guilty of murder in the first or second degree, or involuntary manslaughter, but confessed that he was guilty of voluntary manslaughter. On this plea there was issue.

Kendrick was indicted for stealing a bank bill in the county of McNairy.

This case was tried by Judge King and a jury, in the Commercial and Criminal Court at Memphis, and a verdict and judgment rendered for the plaintiff. The defendant appealed.

<p>1. Real estate sold by virtue of an execution issued on a judgment of the federal court is subject to redemption, under the act of 1820, eh. 11.</p> <p>2. The assignee of an equity of redemption is entitled to redeem real estate sold by execution, as fully as the execution debtor.</p>

This action of debt was tried by J. C. Humphreys, special judge, and a jury, and judgment rendered on demurrer for the plaintiff. The defendant appealed.

This case was tried by Judge Dunlap and a jury, in the county of Hardeman, and a verdict and judgment rendered for the plaintiff. Defendant appealed.

This is an action of debt in the Circuit Court of Madison, It was tried by Judge Read and a jury. Verdict and judgment for the plaintiíf; appeal by defendant.

A warrant was issued by a justice of the peace, for Shelby county, in favor of Wells against Manning — Manning was summoned to answer Wells of a plea of trespass on the case on promises. A judgment was rendered in favor of the plaintiff by the justice. There was an appeal to the Circuit Court, where jt was tried by Judge Dunlap and a jury, and a verdict and judgment rendered for the plaintiff. The defendant appealed.

This action of assumpsit was tried by Judge Fitzgerald and a jury, and verdict and judgment rendered for the plaintiffs. Defendants appealed.

A petition was filed in the Commercial and Criminal Court of Memphis, in the name of Caruthers, attorney general of the 11th solicitorial district, on the information of Hughes against Leaf.

This is an action on the case by Lasser against the mayor and. aldermen of Memphis, for damages. There was a verdict and judgment, (Dunlap, presiding,) for the plaintiff, for five thousand dollars. The defendants appealed.

West obtained a grant from the State for twenty-five acres of land, lying in Perry county. Subsequently, Dixon obtained a grant for fifty-two acres in the same county, which covered the land granted to West. Dixon sold the tract, granted to him, to Yanlier, and executed a title bond to him. Vanlier cut timber on the land, and dug and removed iron ore therefrom.. He died.

Wyatt Christian and Frederick Christian were brothers, and Weld, the plaintiff, married the daughter of Wyatt, and brought this action of detinue against Wheaton, who hired the slave in controversy, from the administrator of Frederick. He asserted title to him by virtue of a parol gift from F. Christian to his wife, and possession by W. Christian for more than three years. The case was submitted to a jury by the presiding judge, (King,) at the July term, 1848.

Ejectment by Anderson against Totten and Harris, and verdict and judgment for the plaintiff; Fitzgerald, J. presiding. The defendants appealed. We object that Anderson’s will was improperly admitted as evidence. The record of probate thereof, in the County Court of Warren, North Carolina, does not appear. The record of probate should appear with the will.

Goodner filed bis bill in the Chancery Court at Cár-thage, against Browning, for an account of dealings between them. Browning answered and proof was taken.. Goodner exhibited claims against the defendant for goods;, wares and merchandise sold and delivered, and for other’ matters.of account The bill was dismissed, on the hearing before Chancellor Ridley. The complainant appealed.