Volume 31 — Tennessee Reports

This was an action for a forcible entry and detainer, tried in the circuit court of Greene county, at the June term, 1851, Alexandeh, Judge, presiding, upon an appeal from the judgment of the Justices of the Peace. There were -verdict and judgment for the plaintiff, and the defendant appealed in error. The facts are fully presented in the opinion.

On the 18th of July, 1841, Catharine McKenzie recovered a judgment in the supreme court at Knoxville against John Colter for the sum of “$120 damages, assessed by the jury in the court below, with the further sum of $9 12| interest on said sum from the rendition of the judgment in the court below up to this time, also the costs of this cause in this court and in the court below.” On 2nd February, 1842, an execution issued upon said judgment, by which*the sheriff was…

Esmon was indicted, as stated in the opinion, in the circuit court of Monroe county. At the September term, 1851, Alexander Judge, presiding, he was convicted by the jury, and judgment rendered accordingly, whereupon he appealed in error. cited Brice vs. The Stale, 2 Tenn., 254-5, Campbell vs. The State, 9 Yerg., 333-7.

The Union Bank recovered a judgment in the circuit court of Sevier county, at its August Term, 1843, against Lewis Reneau and Nicholas Swann, for $213 25, upon which an alias fieri facias having issued, was placed in the hands of Cate, a Deputy Sheriff of Sevier county.

The plaintiff in error was at the August term, 1851, of the circuit court for Jefferson Gounty, Anderson R. M. Judge, presiding, convicted of the offence of unlawfully retailing spirituous liquors, and judgment accordingly rendered against him, from which he appealed.

A petition for writs of certiorari and supersedeas setting forth the facts, and for the purpose stated in the opinion, was filed by the plaintiff in the circuit court of Claiborne county. At the May term, 1850, Anderson R. M. Judge, presiding, the petition was dismissed and judgment accordingly rendered against the plaintiff, from which he appealed in eijror.

The matters upon which the court founded its judgment in this case, are fully stated in the opinion. The replication to the third plea of the defendant was upon motion stricken out, Anderson R. M. Judge, presiding,'and the plaintiff failing to file any other replication to the plea, a judgment was rendered against him, from which he appealed in' error.

At the January term, 185.0, of the circuit court of Monroe county, there was a special verdict of the jury sworn to try this cause, and at the January term, 1851, Alexander, Judge, presiding, a judgment was thereupon rendered by the court against the defendant, from which he appealed in error. The opinion sets forth fully so much of the proceedings of the circuit court as is material to be noticed.

This was an action of ejectment instituted in the circuit court of Grainger county. On the trial of the cause at the December term, 1850, Alexander, Judge, presiding, the grant acquired by the lessor of the plaintiff, as stated in the opinion, was relied upon as evidence of his title. There was judgment for the defendants, and the plaintiff appealed in error.

The facts necessary to a proper understanding of this case are set forth in the opinion. Anderson, R. M., Judge, presiding, rendered the judgment discharging Lowry, from which Attorney General Caswell', in behalf of the State, appealed in error.

Brady having been indicted in the circuit court of Morgan county for perjury, by his attorney demurred to the indictment, and at the July term, 1850, Alexander, Judge, presiding, the demurrer was sustained, whereupon Attorney General Cummings, in behalf of the State, appealed in error.

The plaintiff and defendant made two bets of $100 each, on two distinct horse races. The money bet upon each was deposited in the hands of a stake-holder. The first race being run, the defendant was adjudged the winner, and the money paid over to him. The second race being adjudged a tie, the defendant proposed to run it over again; this the plaintiff refused to do.

Bell was indicted in the circuit court of Blount county for the utterance of grossly obscene language, “ in public and in the hearing of divers citizens,” the character and precise nature of which are indicated by the opinion. At the September term, 1850, Lucicey, Judge, presiding, there was a verdict of guilty, and judgment accordingly, and an appeal in error.

The facts of this case are fully set forth in the opinion. The decree was pronounced at the December term, 1849, of the chancery court at Tazewell, Chancellor Williams presiding. The bill was dismissed and the complainants appealed.

This case was tried at the March term, 1851, of the circuit court for Cocke county, Anderson, R. M., Judge, presiding. There was a judgment for the defendant, and the plaintiff appealed in error. So much of the grounds of the action as is material to be noticed, is set forth in the opinion.

This case is fully stated in the 'opinion. At the November term, 1850, of the circuit court of'Oocke county, Anderson R. M., Judge, presiding, there was judgment for the plaintiff, from which the defendant appealed in error.

At the November term, 1850, of the circuit court, for Anderson county, Alexander, Judge, presiding, the plaintiff in error, a slave, was convicted of a felonious assault upon a free white man, and judgment rendered accordingly, from which he appealed in error.

The judgment sustaining the demurrer to the scire facias, and from which the plaintiff appealed in error, was rendered at the May term, 1851, of the circuit court of Campbell county, Anderson, R. M., Judge, presiding.

This was an action of assumpsit, brought upon the facts stated in the opinion, in the circuit court for Campbell county. At the May term, 1851, Alexander, Judge, presiding, there was judgment for the plaintiff, from which the defendant appealed in error.

This action of ejectment was tried in the circuit court of Grainger county, at the January term, 1851, Alexander, Judge, presiding. There was judgment for the plaintiff, and the defendant appealed in error.

This cause was heard upon the matters set forth in the opinion at the March term, 1849, of the chancery court at Pikeville, Chancellor Ridley, presiding. A decree was rendered in favor of the complainants, from which the respondents appealed.

The caséis very fully stated in the opinion. At the May term, 1851, of the circuit. court for Bradley county, Keitii, Judge, presiding, there was a judgment for the defendants, and the plaintiffs appealed in error.

At the April term, 1851 of the circuit court of Grainger county, ANDersoN, R. M., Judge, presiding, the indictment against the defendants was quashed and judgment rendered accordingly. Attorney General Caswell, in behalf of the State, appealed in error.

At the May term, 1851, of the circuit court for Blount county, Anderson, R. M., Judge, presiding, there was a judgment in this case for the defendant, and the plaintiff appealed in error.

This case was tried at the November term, 1849, of the circuit court, for Anderson county, Alexander, Judge, presiding. There was judgment upon the matters set forth in the opinion for the defendant, and the plaintiff appealed in error.

This action of ejectment was tried at the May term, 1850, of the circuit court of Claiborne county, Anderson R. M., Judge, presiding. Held: and it would be true undoubtedly, that an eviction from the lands during the seven years would be an interruption of the possession, such as not to save the bar in the way prescribed by the statute, but to .prevent the holding for the time required to perfect it.

This was an action of ejectment tried in the circuit court of Roane county, at its June term, 1851, Luckey, Judge, presiding. There was a judgment for the defendants and the plaintiff appealed in error.

The decree in this case was pronounced, upon the facte stated in the opinion, at the June term, 1851, of the chancery court, at Tazewell, Chancellor Williams presiding, from which the respondent appealed.

The final decree in this case was pronounced, Chancellor Williams, presiding, at the May term, 1851, of the chancery court at Greeneville, from which the respondent appealed.

At the August term, 1851, of the Chancery Court at Cleveland, Chancellor Williams, presiding, a decree was pronounced, upon the facts set forth in the opinion, dismissing the bill, whereupon the complainants appealed. insisted that the sale by the testator of the Savannah farm, after the publication of the will, was a revocation pro tanto, and an ademption of the legacy.

At the April term, 1850, of the circuit court of Grainger county, Anderson, R. M., presiding, this action of ejectment was tried. There was judgment for the plaintiff, from which the defendant appealed in error.

The decree, dismissing the bill in this case, was pronounced at the March term, 1851, of the chancery court at Cleveland. The complainant thereupon appealed. [The names of the solicitors have not been furnished the Reporter.]

Upon an accusation made more than three years after the birth of an illegitimate child, the county court entered against the defendant, Howard, the following judgment: “It is considered and adjudged by the court, that Thomas J. Howard is the father of the saidE. J. Letsinger’s male child, and that he stand charged'with the maintenance of said child as this court may order.

Moore having been convicted of lewdness, in the circuit court of Washington county, at its October term, 1850, Luckey, Judge, presiding, the judgment was arrested, whereupon Attorney General Kyle, in behalf of the State, appealed in error.

This was an action of ejectment in the Circuit Court of Mc-Minn county. At the August term, 1851, Alexander, Judge, presiding, there was judgment for the plaintiff, and the defendant appealed in error.

This action of ejectment was tried at the September term, 1850, of the circuit court for Claiborne county, Anderson, R. M., Judge, presiding, when there was judgment for the defendant, from which the plaintiff appealed in error. The facts are fully set forth in the opinion of the court. The-sales made by the sheriff were void. That made after the return day of the several writs is unquestionably void. Overton'vs. Perkins; 10 Yerg. 328.

The judgment in this case was rendered at the February term, 1851, of the circuit court for Fentress county, Campbell, Judge, presiding. The defendant, Jones, appealed in error.

Jane Humphrey recovered a judgment against Lewis Humphrey, before a justice of the peace for Maury county, from which the defendant appealed to the succeeding term of the circuit court. The justice failed to make a return of the papers in the cause, within the first two days of the term, but did so during the term. A motion was made by the ap-pellee, for an affirmance of the judgment, and, Dillahunty, Judge, presiding, the judgment was affirmed.

At the October term, 1851, of the circuit court for Overton county, Cullom, Judge, presiding, Stephens was convicted of perjury and judgment rendered accordingly, from which he appealed in error.

The judgment in this case, the defendant having been convicted by the jury, was, at the December term, 1851, of the criminal court for Davidson county, arrested; Turner, Judge, presiding. Attorney General Foster, in behalf of the State, appealed in error.

.By an act of 1843, the inhabitants of the town of Smith-vill'e were incorporated. Afterwards, in pursuance of their charter, the Mayor, Aldermen and other officers were duly and regularly elected. On the 1st of January, 1850, by an ordinance of the Board of Mayor and Aldermen, a tax of $25 was assessed upon the privilege of retailing spirituous liquors within the town. In.

<p>Forcible Entry and Detainer. Practice. Pleading. Met of J849, ch. SC. Whether or not there shall be pleadings in the notion of forcible entry and detainer, when commenced in the circuit court, is left^by the act of 1842, ch. 86, to the discretion of the circuit judge. Same, Damages. In determining the measure of damages to be recovered by an action of forcible entry and detainer, the jury may not only look to the violation of the plaintiff’s right and the manner in which it was done, but to any actual inconvenience or expense he may have incurred as a direct consequence of the unlawful act of the defendant.</p> <p>Same. Same. Evidence. Practice. In the action of forcible entry and detainer, any evidence of injury committed by the disseisor to the freehold merely, such as waste, &c., is incompetent as indicating the plaintiff’s damages; if, however, such evidence be permitted to go to the jury, without objection or without a distinct motion, made during the progress of the trial to exclude it from the jury, it is no ground for the assignment of error.</p> <p>Same. Evidence. Title. The act of 1821, ch. 14, sec.-20, expressly excludes any inquiry into questions pertaining to the title, upon the trial of the action of forcible entry and detainer, and this exclusion is not repealed by the act of 1842, ch. 86.</p>

This action of assumpsit, brought by the Mayor and Aldermen of the city of Nashville, against Thomas Washington, to recover the cost of the construction of a foot pavement, upon the facts detailed in the opinion, was tried at the October term, of the circuit court for Davidson county; Maney, Judge, presiding. There was judgment for the plaintifts, and the defendant appealed in error.

This was a bill filed in the chancery court at Columbia, by Pillow, Ex’r. of the last will and testament of Martha Cook, for the purpose, among other things, of having a judicial construction of so much of the will of the said Martha as is quoted in the opinion. On the hearing of the cause at the October term, 1851, Chancellor Frierson decreed that an absolute separate estate in the property bequeathed, vested in Mrs. Keeble. From which decree there was an appeal.

There was a motion in the circuit court of Lewis county, Dillahunty, Judge, presiding, to strike this cause from the docket, which was allowed, and judgment rendered against the plaintiff for costs, whereupon he appealed in error.

This was an action of assumpsit, in the circuit court of Cannon county. At the June term, 1851, Anderson, S., Judge, presiding, there was judgment for the defendant, and the plaintiff appealed in error.

This was an issue of devisavü vel non, tried in the circuit court of Wilson county, at its may term, 1851, Anderson, S., Judge, presiding. There was a verdict in favor of the will, and judgment accordingly, from which the plaintiffs appealed in error. Caruthers, with Brien.

This was a bill filed by Helen M. Yarborough and others, heirs and devisees of David Yarborough, in the chancery court at Pulaski, for the purpose of having an adjudication of the question growing out of the facts set forth in the opinion.

This was an action of debt, in the circuit court of Davidson county, against Snell and McGavock, as the sureties of Temple, a constable of said county. At the October term, 1851, Manev, Judge, presiding, there was a judgment for the plaintiff, from which the defendants appealed in error.

This was an action on theCai&rTried in the circuit court of Davidson county, at its May siding. There was a judgme, fondants appealed in error. '■for the plainjti! LIBB Judge, pre-t and the de- insisted that a gun powder magazine in a populous neighborhood, is a nuisance. - Anon. Holt, 499; 2 Strange, 1167; 1 Russ. Cr., 297-8; 4 Bl. Com., 299; People vs. Sand, 1 Johns., 78; Ros. Cr.

Thrs was an action of assumpsit, in the circuit court of Davidson county. At the June term, 1851, Maney, Judge, presiding, there was judgment in favor of Johnson, from which the Bank appealed in error, and judgment in favor of the Bank against Hamilton, from which he appealed in error. Suit is brought upon two bills of exchange, each for $5,100, dated 8th April, 1848; and the first due eight months, and the second twelve months after date.

This bill was filed in the chancery court at Columbia, by the Justices of the Peace composing the county court of Maury county, upon the facts and for the purpose disclosed in the opinion.

At the April term, 1851, of the circuit court of Smith county, Haile was convicted by a jury of the murder of Davis; and Cullom, Judge, presiding, judgment was .accordingly rendered against him, from which he appealed in error.

At the March term, 1851, of the circuit court of Franklin county, Marciibanks, Judge, presiding, there was judgment for- the plaintiff, from which the defendant appealed in error.

At the August term, 1851, of the circuit court, for Maury county, Dillai-iunty, Judge, presiding, Wiley was convicted of the offence of enticing a slave to leave his master’s service, and judgment rendered accordingly, from which he appealed in error.

At the March term,01851, of the circuit court for Coffee county, Marchbanks, Judge, presiding, there was judgment in this case for the plaintiffs, and the defendant appealed in error.

The judgment in this case, from which Attorney General Brien, in behalf of the State, appealed, was rendered at the January term, 1851, of the circuit court for Smith county, Campbell, Judge, presiding.

This case was an appeal from the judgment of a justice of the peace, to the circuit court of Macon county. At the July term, 1851, Cullom, Judge, presiding, there was judgment for the plaintiffs, whereupon the defendant appealed in error. cited 5 Hayw. 258; 9 Yerg'., 32; 1 Humph., 332-4; 4 Humph. 108; 15 Johns. Rep., 229.

Upon tbe trial of this case in the circuit court, there was judgment for tbe plaintiff, and the defendants appealed in error. The facts are stated in the opinion with sufficient fulness. We.contend there has been a discontinuance of the cause. In England, even in making up the issue, an imparlance or giving time to plead, is necessary in order to continue a cause in court. 1 Chitty Plead., 423; 6 Com. 266-8.

This was an action of debt brought by the plaintiffs to recover of the Bank of Tennessee, the city taxes which had been assessed upon the property of the Bank within the city of Nashville. At the May term, 1851, the case, upon an agreement, was submitted to the circuit court for Davidson county, Maney, Judge, presiding, and there was judgment for the Bank, whereupon the plaintiffs appealed in error.

This was an action of covenant in the circuit court of Montgomery county, in the name of Aaron V. Brown, Gov., &c., against Harrison and others, securities of A. Wheless, formerly a sheriff of Montgomery county.

At the April term, 1851, of the circuit court for Coffee county, Marchbanks, Judge, presiding, there was judgment in this case for the defendants, and the plaintiff appealed in error.

This was a motion in the circuit court of DeKalb county to quash an execution upon the grounds stated in the opinion. At the August term, 1850, Turner, Judge, presiding, the execution was quashed and the plaintiff appealed in error.

Denton was charged, by indictment in the circuit court of Gannon, with the murder of Sullivan. At the February term, 1851, Anderson, S., Judge, presiding, there was a verdict of manslaughter rendered against him by the jury, and a judgment accordingly, from which he appealed in error.

As stated in the opinion, judgment in this case was rendered at the September term, 1850, of the circuit court for Coffee county, Makchbanks, Judge, presiding; whereupon the defendant appealed in error, and the plaintiff prosecuted a writ of error. insisted that the decisions which had repeatedly been made by the Supreme Court of Tennessee, involving the principal question now presented, should be understood as having reference to the peculiar facts of each case, and…

Long was indicted jointly with Cordell, in the criminal court of Davidson county, for feloniously obtaining a horse and buggy by false pretences. The second count charged Cordell as principal, and Long as accessary after the fact. At the August term, 1851, Turnee, Judge, presiding, there was a trial and verdict of guilty against both and judgment accordingly, from which Long appealed in error.

The decree in this case was pronounced at the March term, 1850, of the chancery court at McMinnville, dismissing the bill, Chancellor Ridley presiding. The complainant pi-osecu-ted a writ of error.

This was a suit commenced by Jones against Peet, before a justice of the peace, upon a note for fifteen dollars, which was to be discharged by the use of an office belonging to Peet. The parties having differed as to the value of the rent of the office to be used by the plaintiff, for the term of one year, referred the question of value to arbitrators, who by their award fixed it at eleven dollars.

This was a suit commenced by Rawley against Bailey, before a justice of the peace,-who rendered judgment for the plaintiff, and the defendant appealed to the circuit court oí Smith county. On the 'trial in the circuit court, the plaintiff read to the jury this obligation: “On the 25th December, we or either of us promise to pay Mrs. Alithea Allen thirty-five dollars for the hire of a negro girl, Sarah, for the year 1848.

The judgment in this case was rendered, upon the matters fully disclosed in the opinion, at the March term, 1851, Cullom, Judge, presiding. The plaintiffs appealed in error.

At the November term, 1851, of the circuit court of Franklin county, Priscilla Burk was convicted by a jury of the murder of Elihu Burk, with mitigating circumstances. In pursuance of the verdict a judgment was rendered, March-banks, Judge, presiding, from which she appealed in error.

This was an action of replevin, commenced by Hayes against Barnes, in the circuit court of Davidson county, upon the facts stated in the opinion. At the September term, 1851, Maney, Judge, presiding, there was judgment for the plaintiff, and the defendant appealed in error.

This was a motion against the sheriff of Lawrence county and his securities, for the insufficient return of an execution. At the October term, 1851, of the circuit court, Walker, Judge, presiding, there was judgment for the defendants, and the plaintiff appealed in error.

Hpon the tidal of this action of ejectment, there were verdict and judgment for the plaintiff, and the defendant appealed in error.

At the May term, 1851, of the circuit court for Wilson county, Anderson S., Judge, presiding, there was judgment for the plaintiff, and the defendant appealed in error.

The judgment from which the plaintiff in error appealed was rendered in the circuit court for Fentress county, at its February term, 1851, Campbell, Judge, presiding.

This was an action of ejectment in the circuit court of Sumner county. On the trial, the defendant introduced and read to the jury the paper copied into the leading abstract of this case above. With reference to the legal effect of this paper, the court, Manby, Judge, presiding, charged the jury as stated in the opinion. There was judgment for the plaintiff, and the defendant appealed in error.

Ellick, a slave, was convicted at the May term, 1851, of the circuit court for Maury county, Dillaiiuntv, Judge, presiding, of the crime of rape upon the person of Sarah E. Tidwell, a free white woman. In pursuance of his conviction, judgment of death was pronounced against him, and he appealed in error. The opinion presents so much of the matters considered by the court as is material to be noticed.

This was an action of ejectment tried in the circuit court for Smith county, at its July term, 1851, Cullom, Judge, presiding. There was judgment for the defendant, and the plain-tiff appealed in error.

This was an action of ejectment, tried at the December term, 1850, of the circuit court forDeKalb county, Campbell, Judge, presiding. There was judgment for the plaintiff, and the defendant appealed in error.

This was an issue of divisavit vel non tried at the March term, 1851, of the circuit court for Jackson county, Campbell, Judge, presiding. The verdict of the jury was in favor of the will and judgment rendered accordingly, from which the contestants appealed in error.

The judgment in this case was rendered, upon the facts and in the manner so fully set forth in the opinion, at the August term, 1851, of the circuit court for Maury county, Dm-LAiiuiiTY, Judge, presiding.

On the 16th November, 1849, Christopher Strong, made and published his last will and testament, which included this clause: “Item 6th. — I do hereby give and bequeath to the Treasurer of the Clarke and Erskine College, situated at due west corner, Abbeville District, South Caroliua, and to his successors in office, in trust forever, the sum of seventy-four hundred dollars.

This action of trover was tried at the November term, 1851, of the circuit court of Lincoln county, Marchbanks, Judge, presiding. There was judgment for the defendant and the plaintiff appealed in error.

This was an action of ejectment, tried in the circuit court of Henderson county, at its July term, 1851, Read, Judge, presiding. There was judgment for the plaintiff, aud the defendant appealed in error. cited 3 Yerg. 33S; 1 Hum. 395; 4 Hum. 433; 3 Hum. 629; 7 Hum. 181; 10 Hum. 44. We understand the ground taken by plaintiff in error is that the levy and sale are void for uncertainty as to description of the land.

This action of trover, upon the facts set forth in the opinion, was tried in the circuit court of Haywood county, at its March term, 1852, Read, Judge, presiding. There was judg' ment for the defendant, and the plaintiffs appealed in error.

Payne was indicted as stated in the opinion. At the March term, 1851, of the circuit court for Hardin county, Walker, Judge, presiding, the indictment was upon motion quashed, and judgment accordingly, from which Attorney General Hill in behalf of the State appealed in error.

Upon the trial of this action of ejectment, in the circuit court of Obion county, Fitzgerald, Judge, presiding, the plaintiff proposed to read to the jury the deposition of Mrs. Miller, who at the time of deposing was a tenant in common of the land sued for, with the lessor of the plaintiff; to the reading of the deposition objection was made but overruled by the court. Other matters upon which errors were assigned are stated in the opinion.

This was an action of debt, brought by Crawford, chairman of the county court of Gibson county, for the use of Haynes and his wife, formerly Mary E. Youngblood, against Penn, upon a guardian bond, in which Penn was a surety. At the November term, 1851, of the circuit court for Gibson county, Fitzgerald, Judge, presiding', there was judgment for the defendant, from which the plaintiff appealed in error.

At the December term, 1851, of the circuit court of Madison county, Read, judge, presiding, the plaintiff moved the court to strike out the plea in abatement, filed by the defendant, as stated in the opinion, but the court overruled the motion and the plaintiff having demurred, his demurrer was overruled and judgment rendered, that the “suit abate, and the writ be quashed,” &c., from which judgment the plaintiff appealed in error.

At the July term 1851, of the circuit court for Henderson county, Read, Judge, presiding, there was a judgment in this action of ejectment for the plaintiff, and the defendant appealed in error. The matters which were assigned as error are fully stated in the opinion.

This was a bill filed in the common law and chancery court of the city of Memphis. At the May term, 1850, Turley, Judge, presiding, a decree was rendered in favor of the complainants, to the extent of the fund remaining of the proceeds of the sale of the slave after the payment of the debt secured by the mortgage. From this decree respondent McKinney appealed.

This was a bill filed upon the facts and in the manner stated i n the opinion, in the chancery court at Somerville. At the May term, 1851, Chancellor Jones, presiding, a decree was rendered against defendant Baugus, from which he appealed. insisted that the bill should be dismissed, and cited Sto. Eq. PI. §§ 170-1; Mar. & Yorg. R. 378,382; 10 Yerg. 385; 2 Humph. 560; 6 Humph. 157.

This action of replevin was tried at the March term, 1852, of the circuit court for Gibson county, Fitzgerald, Judge, presiding. There was judgment for the defendant, and the plaintiff appealed in error.

Bennett was indicted and convicted in the manner and upon the facts, so far as they are necessary to be noticed, as stated in the opinion. At the March term, 1852, of the Common Law and Chancery Court of the City of Memphis, (Law side,) Harris, Judge, presiding, judgment was rendered against him upon the verdict, and he appealed in error.

The offence for which the defendant was indicted, and the manner in which it was charged, are fully stated in the opinion. At the June term, 1851, of the circuit court of Fayette county, there was a trial, and a verdict of guilty rendered by the jury. The court, Humphreys, Judge, presiding, arrested the judgment, and Attorney General, Goodall, in behalf of the State, appealed in error.

Chester brought his action of ejectment against the complainants, in the circuit court of Obion county, for the recovery of the three hundred and twenty acres of land mentioned in the opinion as having been conveyed by Marr to Perkins.

At the February term, 1851, of the circuit court for Weakley county, this action of assumpsit was tried, Fitzgerald, Judge, presiding, and there was judgment for the plaintiff, and the defendant appealed in error. 1st. The demand of payment was not made of the drawees, but of a “book-keeper.” This was not proper.

This was an action of trover, in the circuit court of Weakley, for the conversion of a slave; On the trial the defendant read to the jury a bill single executed by R. J. Moss to G. R. Bras-field, and an assignment by him to W. B. Blackmore.

This was a bill filed in the Chancery court at Somerville, by E. C. Ford against Richard Ford, will and testament of E. M. Ford, and tha@e1ffliimife^*aM legatees of the said E. M. Ford, alleging the^mcts sef opinion, praying a construction of the willF|rd, and that the executor be required to ply wwiftlSj^'^^bjfnuch as would be his distributive share of (rf^i^laid E. M. Ford.

This action of trover, for the conversion of a slave, was tried in the circuit court of Carroll comity, at its September term, 1851, Fitzgerald, Judge, presiding. There was judgment for the plaintiffs, and the defendant appealed in error. cited 1 Sto. Eq. §§ 384-5, and note 4; 6 Johns. Ch. R. 166; Sug.

The manner of proceeding, and the facts in this case are fully set forth in the opinion. At the September term, 1850, of the circuit court for Shelby county, Humph keys, Judge, presiding, the judgment of the county court was affirmed, and the plaintiff appealed in error.

At the October term, ] 850, of the county court of Fayette county, Edward M. Penn was appointed administrator of the estate of Ann E. Loftus. At a subsequent term of the court, R. W. Loftus presented his petition to the coui't, praying the revocation of the letters of administration granted to Penn, and insisting upon his right, as husband of the said Ann E., to administer upon her estate.

This action on the case, brought by Kirtland against Montgomery, upon the grounds set forth in the opinion, was tried at the December term, 1850, of the Common Law and Chancery court (Law side) of the City of Memphis, Turley, Judge, presiding. There was judgment for the defendant, and the plaintiff appealed in error.

The judgment in this case was rendered upon the facts and in the manner so fully set forth in the opinion, at the September term, 18fil, of the circuit court for Shelby county, Humpheeys, Judge, presiding, from which Topp appealed in error. 1st. The public had acquired the right of way in the old State Line Road, so far as these defendants are concerned, by long and uninterrupted user. 9th Yerg. 390, Young vs. State- 2d. The public have not been deprived of this right of way…

At the march term, 1852, of the circuit court for McNairy county, Walker, Judge, presiding, Adams was convicted as stated in the opinion, and judgment against him rendered accordingly. Until eleven jurors had been elected the transcript of the record from Hardin county had not been spread upon the records of the circuit court of McNairy county, when the Court ordered it to be done, and the twelfth juror was elected,, and the trial proceeded with.

The plaintiffs filed their petition in the circuit court of Gibson county, alleging that, as the paternal uncles and aunts of S. B. Jordan, who had died intestate and without issue, they had succeeded to the inheritance of certain real estate, mentioned in the petition, which had descended to the said Jordan from his father, and praying a sale for partition among them.

This was a presentment against Doebler for retailing liquor on Sunday. He pleaded in abatement as stated in the opinion, to which plea Attorney General Sneed demurred. At the March term, 1852, of the common law and chancery court of the city of Memphis (Law Sido,) Haréis, Judge, presiding, the demurrer was sustained and the defendant being put upon his trial was convicted and there was judgment accordingly, from which he appealed.

This was a bill filed in the chancery court at Trenton, upon the facts and for the purpose set forth in the opinion. At the January term, 1852, Chancellor Jones dismissed the bill and the complainant appealed. cited 1 White & Tudor’s Eq. Ca. 64; 1 Sto. Eq. §§ 218, 307-8; 14 Yes. 273; 4 Mylne & C. 277; 3 Cow. 537; 6 Yes. 278; 3 Cow. 576-7; 2 Dev. & Bat. Eq. R. 241; 1 Munf. 557; 2 Yes. 155; 1 Sto. Eq. § 187; 10 Yerg. 130.

Upon the trial of this action of ejectment, in the circuit court of Shelby county, there was judgment for the defendants, and the plaintiff appealed in error.

This was a bill filed in the chancery court at Lexington, by the complainant as administrator of the estate of Elizabeth Lynch, deceased, for a settlement and distribution of the estate. At the December term, 1851, Chancellor Jones decreed that the defendant, Eliza Coppedge, was not to be charged with the use of the slaves, reserved to her by the deed set out in the opinion, as an advancement to her, from which the complainant appealed.

This was a bill filed in the common law and chancery court of the city of Memphis. Held: “That the husband was neither heir, nor next of kin .to the wife.

This was a bill filed, for the purpose stated in the opinion, in the chancery court at Lexington. At the June term, 185], Chancellor Jones, presiding, there was a decree for the complainant, and the respondent appealed.

This bill was filed in the chancery court at Memphis, for the purpose, and upon the facts stated in the opinion. At the December term, 1850, Chancellor Turley presiding, a decree was rendered in favor of the complainants, and the respondent appealed.

This is an action of trover, upon the facts stated in the opinion, commenced in the circuit court of Gibson county. At the May term, 1851, Fitzgerald, Judge, presiding, there was judgment for the plaintiff, and the defendant appealed in error. insisted that the testator intended, by the terms of the gift, to exclude any future husband, that his widow might have, from the use of the property given, or any dominion over it, and cited, 2 Sto.

This bill was filed upon the facts presented in the opinion, in the chancery court at Trenton. At the January term, 1851, Chancellor Jones presiding, there was a decree against the complainants, from which they appealed.

As stated in the opinion, this was an application to the circuit court of Haywood county, for a mandamus, to compel the entry taker of that county to receive and record an entry. At the February term, 1851, Read, Judge, presiding, there was judgment for the plaintiff, and Chester, who had been admitted to defend in room of the entry taker, appealed in error.

This action of ejectment was tried in the circuit court of Henderson county, at its July term, 1851, Read, Judge, presiding. There was judgment for the defendant, and the plaintiff appealed in error.