Volume 33 — Tennessee Reports

lfROM SULLIVAN. This was a bill filed in the Chancery Court at Jones-borongh, by the complainants as administrators “ with the will annexed,” of William Snodgrass, deceased, against David Snodgrass and other heirs and devisees of the said testator, and Jacob Lyon, asking a construction of said will, which is sufficiently quoted in the opinion, in reference to the interest of the “ heirs of James Snodgrass,” under the residuary clause thereof — and asking the construction of…

FROM GREENE. This was an action of debt brought by Marriott, Erisby & Oo., against ¥m. G. Stuart & Oo., in the circuit court of Greene county. Stuart was resident in the county of Greene, and John Yancey the other member of the firm, was resident in the county of Washington. A -counterpart of the writ was issued to Washington, and served upon defendant Yancey, who appeared and defended.

FROM OREESE. Tbis case originated before a justice of tbe peace, in tbe county of Greene, upon a warrant founded on a note executed by tbe plaintiff in error, a citizen of North Carolina, to tbe defendant in error.

FROM MARION. This suit was instituted by Alley against Bice, before a justice of the peace, in the county of Marion, on a note under seal, executed by Bice, which resulted in a judgment against the plaintiff for costs; from which he appealed to the circuit court.

FKOM COCKE. Tbe plaintiff in error, owned and occupied a field in tbe county of Cocke, wbicb bad been cleared and cultivated about fifteen years, through wbicb there was a path wbicb bad been used before and since its enclosure, by some of tbe neighbors' for a period altogether of nearly thirty years, as a mill and church path, also as a way to the village of Parrottsville.

FROM KHEA. The plaintiff in error was presented by the grand jury of Khea county at the March Term, 1849, of the circuit court for said county, for illegal voting in the presidential election of 1848.

PROM KNOX. The defendant in error, brought bis action of trespass quare clausum fregit in the circuit court of Knox county, against the plaintiff in error, for alleged injuries done to certain real estate held in trust by the defendant in error, for the use and benefit of Isabella French, The trespass complained of, was cutting and carrying off timber.

FROM MEIGS. The plaintiff was indicted in the circuit court of Meigs county for the crime of arson. After several ineffectual efforts to get a jury in Meigs, the venue was changed to the county of Hamilton. At the November Term, 1852, of the circuit court of Hamilton, (Keith, J., presiding,) the plaintiff in error was tried, convicted, and sentenced to the penitentiary for nine years.

PROM JEFFERSON. This action of ejectment was brought by Jack and McCallister, in the circuit court of Jefferson county, against Hamilton. The plaintiffs claimed nnder a sheriff’s deed founded upon a judgment and execution against Hamilton, which was levied upon the land in the possession of Hamilton, which was sold, at which sale Jack and McCallister became the purchasers. At the December Term, 1852, there was verdict for plaintiffs, and writ of possession awarded.

ÍEOM HAMILTON. This cause originated before a justice of the peace in Hamilton, upon a warrant in favor of James T. Gardenhire against Sheldrake McCombs and William McCombs, for erecting and keeping up a mill dam for a water grist-mill, by which the plaintiff’s land was overflown and damaged.

FKOM KNOX. On the 11th of October, 1847, a tract of land lying in Knox county, belonging to Vm. E. Gentry, was sold at sheriff’s sale nnder an execution founded on a judgment against said Gentry, and was purchased by Sarah S. Gentry: soon after which, ¥m. E. Gentry died intestate, unmarried, and without issue, leaving brothers and sisters his heirs at law.

from knox. Sidney, a man. of color, instituted this suit in the circuit court of Knox county, at the February Term, 1849, to recover his freedom.

FROM BRADLEY. The plaintiff filed his petition in the circuit court of Bradley county, at the January Term, 1851, of said court, after due notice to the President of the East Tennessee and Georgia Railroad Company, praying the appointment of commissioners to assess the damages he had sustained in consequence of said company having located and constructed their road through his lands. The merits of the controversy sufficiently appear in the opinion.

FROM CAMPBELL. This was a bill filed in Chancery at Jaeksborough, by John H. Hunter and others, heirs and devisees of Andrew Hunter, against Joseph H. Delap and others, asking the construction of the will of said Andrew Hunter, and that the rights of complainants and respondents, all of whom were legatees and devisees, might be stated and adjusted.

PROM POLK. This case originated before a justice of the peace in Pollc county, in a suit instituted by Oneal against Dunn for the value of two saddles made by one McCoy, the employee of Oneal, for Dunn. McCoy had contracted to work in the saddler’s shop of Oneal in Denton, for a specified time, for certain wages agreed upon between them, and with no authority to do any work on his own account.

FROM JFFFERSON. The plaintiff in error, a negro slave, was indicted in the circuit court of Jefferson, for an assault and battery upon a free white female with intent to commit a rape. At the August Term, ISIS, of said court, he was tried, ( Hynds, J., presiding,) convicted and sentenced to death. His motions for a new trial and in arrest of judgment were made, and severally overruled, and he appealed in error to this court. The testimony is not embodied in the record.

FROM KNOX. This was a bill filed in Chancery at Knoxville by the plaintiffs in error, Gr. M. Hazen, Joseph Kimbrough, and John B. Shipman, to enjoin the collection of a note upon which the bank had instituted suit in the circuit court of Knox county, of which said note G-. M. Ha-zen was the maker, and the two latter named, the endorsers.

MtOM KNOX. This action was brought before a justice of the peace in Knox county, by Wm. Edington against Wiley Pickle, on an account for ten dollars for teaching the defendant the mysteries of psychology and clairvoyance. There was judgment before the justice for the plaintiff for the sum claimed, and costs, less one dollar and fifty cents admitted by him as set-off.

FROM MARION. The plaintiff in error instituted a criminal prosecution against the defendant in error before a justice of the peace in Marion, on a charge of larceny. The defendant in error was discharged by the justice, and the prosecutor taxed witli costs; whereupon the defendant brought this action in the circuit court of Marion for malicious prosecution, and at the November Term, 1852, recovered a verdict and judgment for $275.

PROM KNOX. Boyd brought his action of trespass guare clausum . fregit before a justice of the- peace. in Knox county,, against Roach, for injuries done his land by felling and carrying off timber.

FBOM DAVIDSON. Tiiis was an action of covenant in the circuit court of Davidson county, brought by John Thompson and Ids wife, Mary, (formerly Mary Honse,) and James M. Hamilton, against ¥m. TI. McNairy and M. Hamilton, upon an instrument under ¿seal, executed on the 4th of January, 1851, by said McNairy and M. Hamilton to said James M. Hamilton and Mary House, as executor ■and executrix of the last will and testament of Geo. W. House, deceased.

EROM CANNON. This is ejectment from tbe circuit court of Cannon county, in which the plaintiff claimed as purchaser at execution sale. The plaintiff in ejectment recovered a judgment against the defendant on the 18th of January, 1839, in the circuit court of Cannon, upon which execution was issued, and levied on the tract of land in this controversy.

FROM LAWRENCE. The plaintiff in error, a citizen of the city of Louisville, Ky., entered into a written contract with one Las. H. Moore, by which, said Moore became the general traveling agent of the plaintiff in error, for the sale of certain boohs described in said contract, which were to be shipped to said Moore in North Carolina, and sold there or wherever else said Moore might be able to sell them.

FROM GILES. This is an action on the case for libel, brought by Brownlow against Jones in the circuit court of Giles, where at the December Term, 1853, (Mastín, Judge, presiding,) there was a verdict for the defendant, from., which the plaintiff appealed in error.

EBOM MONTGOMERY. In 1829 the Legislature granted to the plaintiffs the right to erect a bridge across Bed river at the. town of Clarksville, with the usual power to exact tolls of persons crossing the bridge, and stipulated in the charter that no other toll bridge should be at any time erected within one half mile of the plaintiff’s bridge.

EEOM CANNON. The defendant in error, as sheriff of the county of Cannon levied an execution regular and valid uj>on its face, upon a filly the property of the plaintiff in error who was the defendant in the execution.

FROM WILLIAMSON. This was an action brought by Wood and brother against McGavock in the circuit court of Williamson, on a warranty of . soundness of a slave purchased by them of McGavock. The part of Judge Baxter’s charge excepted to is given in the opinion. The plaintiffs purchased the slave for the southern market for $700, and sold her in Alabama for $950.

PROM DAVIDSON. On tlie 22nd day of June, 1840, the late Dr. Gerard Troost made a deed of gift to Ms son and daughter, Lewis Troost and Caroline Stein, of all Ms mineralógica! and geological collection; bis collection of organic remains, witb manuscript catalogues of tbe same; and bis specimens of birds, reptiles, zoophytes and shells; bis library, engravings, maps, and all tbe furniture containing tbe whole.

PROM SMITH. Francis Pride died in May, 1850, in the county of Smith, leaving a last will and testament, in which Bridgewater, the complainant, was named as executor, and who was duly qualified as such.

PROM DAVIDSON. This was a motion made by Watkins against Barnes as Sheriff of Davidson, in the circuit court of said county, for fcdlmg to return an execution. The execution was for the sum of $1033 75, and was issued from the May Term, 1851, of said court, and returnable to the following September Term.

FROM MAURY. The plaintiff in error brought his action of assumpsit in the circuit court of Maury, against the defendant, for freight which he claimed as the owner of a flat-boat, upon whicli he had conveyed the defendant’s cargo of cotton from Maury county to Grand Gulf on the Mississippi river.

FROM FRANKLIN. Tlie prisoner was indicted in tire circuit court of EranMin county for murder. At tlio November Term, 1853, of said court, (Hon. A. J. MArsoiiBAirKS, presiding,) be was convicted of murder in tbe second degree, and sentenced to tbe penitentiary; a new trial being refused bim, be appealed in error to tbis court.

PROM DAVIDSON. This was an action of trespass on the case brought by John Messino in the circuit court of Davidson county, against the Nashville and Chattanooga Railroad Company for serious injuries done him by the car in which he was a passenger, running off the track in consequence of a collision with a cow in the month of June, 1851.

EROM JACKSON. Pkaris, tie plaintiff in error, prosecuted Lambert by indictment in the circuit court of Jackson for arson, in burning his corn crib, of which Eambert was acquitted. Pharis also toot out a peace warrant against Lambert, who was arrested, taken before a magistrate, and required to give sureties of the peace, and for his appearance at the next term of the circuit court, which he did.

FROM MAUEY. This was a proceeding by certiorari in the circuit court of Maury, brought by the defendant in error as stayor, to have a stay and execution quashed. It seems tliat Ilolman & Son, on the 29th of September, 1852, made and executed their promissory note to one Augustus Doe, for the sum of $225, which said Doe endorsed to the plaintiff in error.

FROM MAURY. Tbis is a proceeding upon a writ of ad quod dam-num in the circuit court of Maury. The plaintiffs were owners of certain mills near the town of Columbia, which were overflown and injured by the erection of a dam below the same by the defendants, in pursuance of their charter. This proceeding was instituted to have the damages of the plaintiff assessed by jury under the provisions of the charter of defendants.

ER05I DE KALB. Wroe and wife instituted this proceeding in forcible entry and detainer, before three justices of the peace in the county of DeKalb, against the plaintiff in error Greer, to recover the possession of a tract of land in said county. There was judgment before the justices for Wroe and wife, from which Greer appealed to the circuit court.

EBOM DAVIDSON. Tbis action on tbe case was brought by tbe ’ defendant in error against tbe plaintiff in error, in tbe circuit coxu't of Davidson to recover a sum of money deposited with the plaintiff in error by the defendant, to be carried to New Orleans on the steamer Jamestown, of which the plaintiff in error was master, and which was lost by the robbery of the boat. It appears that Motlow took passage at Paducah on the steamer for New Orleans.

EROJI MAURY. This action of assumpsit was instituted by Shepherd & Gordon against Ferguson, in the circuit cpurt of Maury, upon two promissory notes purporting to have been executed by Treadway & Ferguson. It seems that tbe notes were given for goods purchased by Treadway in tbe name of himself and Ferguson as partners in trade.

FROM SUMNER. This was an action of replevin in the circuit court of Sumner, brought by Walton as trustee for Brands George, to recover a slave conveyed to him by deed executed by said Frances while Frances King, and Hugh T. George in contemplation of marriage, in trust for the use and benefit of said Frances. The slave was levied upon some time after the marriage, by the plaintiff in error as an officer, under an execution against George.

EBOM DAVIDSON. This • was a bill filed in chancery at Nashville, by John Reid as administrator, with the will annexed of R. F. L’Hommedieu, deceased, against the creditors and heirs of said decedent, suggesting the insolvency of said estate, and praying to administer the assets pro rata among the creditors.

3?R03t DE KALB, This case originated before a justice of the peace in DeKalb county, and was brought by appeal into the circuit court, where it was submitted to a jury before Judge Goodall, upon the facts and under the instructions stated in the. opinion. There was a verdict and judgment for the plaintiff, from which the defendant appealed in error to this court.

FROM RUTHERFORD. This action of ejectment was brought by the defendant in error, against tlie plaintiffs in error, in the circuit court of Rutherford, on the 18th day of April, 1850, to recover one-half of a tract of land in said county, claimed by them as tenants in common with the plaintiff in error, Robert Wood, by descent from Thomas Wood, deceased.

EEOil BEDFORD. This was an action of ejectment in the circuit court of Bedford, in which Hoover, the defendant in ejectment, offered to read in evidence a deposition material to his defense, taken in 1852, before a justice of the peace in the State of Missouri, in which the commission issued from said circuit court, had been left blank as to the name of the commissioner. The plaintiff objected to the reading of the deposition, and Judge Davidson excluded it.

FROM BEDFORD. The plaintiff was defendant in certain executions issued by a justice of the peace in favor .of Cowan the defendant, which were levied upon a tract of land as the property of the plaintiff, which was condemned and sold, Cowan becoming the purchaser at the full amount of his debt. The executions were returned satisfied, and Cowan proceeded by his action of ejectment to recover the land so purchased from one Pratt, the tenant in possession.

ER03I GILES. This was a bill filed in chancery at Pulaski, upon the facts and for the purposes fully given in the opinion. Chancellor Beien gave a decree in favor.of complainants, from which defendants appealed to this court.

PROM ROBERTSON. This bill was filed in Chancery at Springfield, by the complainants as children of Elizabeth Aikin- deceased, against the defendant, to recover from him certain slaves, which they claim under a deed of gift from their maternal grandfather,. David' C. Williams. The hill' was filed on the 20th of March, 1852.

EBOM CANNON. TRe plaintiffs in error, wRo were plaintiffs b'elow, instituted tReir action of replevin in the circuit court, against tlie defendant, for a mare wRicR tRey Rad pur-cRased from one Hodge and afterwards loaned to Rim-Hodge, while in possession under the loan, swapped the mare to the defendant for a horse. There was proof introduced by the defendant in the court below, that the mare really belonged, when the plaintiffs bought her, to the son of Hodge.

FROM MONTGOMERY. This was an action of trespass qua/re clausum fregit instituted in the circuit court of‘Montgomery hy Loekart against Northington, and submitted to a jury before Judge Pepper, at the January Term, 1853, of said court There was verdict and judgment for the defendant, from which the plaintiff appealed in error to this court.

EBON: DAVIDSON. This was an action of ejectment in the circuit court of Davidson. It appears that the defendant took possession of the land in controversy in January or February, 1844, and this suit was commenced against him on the 25th December, 1850.

PROM DAVIDSON. This bill of interpleader was filed in chancery at Nashville, by the complainant Clodfelter, upon the state of facts fully given in the opinion. At the May Term, 1853, Chancellor Brien decreed in favor of respondents Oox and Loftwick, from which Langley, another respondent appealed to this court. HoustoN for Langley, with whom was Cabl'os DimicK who said : 1.

FROM LINCOLN. This was an action of covenant in the circuit court of Lincoln upon the instrument. quoted in the opinion, brought by MeElroy and others against Steele, for a failure to perform his contract as thereby required. There was verdict and judgment in the circuit court at the March Term, 1853, for the plaintiffs, Judge Maeohbanks presiding, from which Steele appealed in error to this court.

J?K05I GILES. James McCallum recovered a judgment in the circuit court of Giles county, Judge Martin presiding, against Robert Dickson, on a note executed by A. G. Williamson, J. Voorhies and -the said Robert Dickson. Robert Dickson signed said note as security, and had judgment over by motion at the same term only against J. Voor-hies, as one of the principals. Erom this judgment Voorhies prosecuted a writ of error to this court.

FROM MONTGOMERY. This bill was filed by the complainant, J. W. Fields, as executor of the last will and testament of A. G-. Wheatley deceased, against the heirs and creditors of said decedent, suggesting the insolvency of said estate, and for the administration of the assets pro rata among the creditors.

EEOM WILSON. This was an action, of ejectment in the circuit court of Wilson, instituted by W. L. Martin, attorney general of the fifth circuit, in Ayril, 1852, in the name of the State of Tennessee, against the plaintiff in error, to recover certain lands in Wilson county, which had es-cheated to the State for the use of common schools. It seems that John Tubb, the original proprietor, died in 1834, leaving no heirs, but leaving a widow who survived him but a few weeks.

FROM WHITE. . This canse originated before a justice of the peace in White county, in a suit in trespass, brought by Grissom against Moore, a constable, for compelling said Grissom to pay an execution issued jointly against one Wood and Grissom. . It seems that Grissom was security for Wood in a note, upon which judgment was obtained and execution issued, but the fact of surety-ship did not appear either in the judgment or execution.

FBOM DE KALB. This action of trover was submitted to a jury of De-Kalb county, at the April Term, 1853, of the circuit court of said county, before Judge Goodall. There was verdict and judgment for the defendants, from which the plaintiff appealed. The material facts are recited in the opinion of the court.

FROM SUMNER. Hallum, the plaintiff, instituted this action of detinue against Yourie in the circuit court of Sumner, to recover certain slayes, Eliza and her increase, which he claimed by parol gift and delivery to his wife, made by Oelia Harris, her aunt, in the year 1826, and which, he alleges, were loaned, “or given” by him and his wife to the said Oelia Harris, during her life, to be reclaimed by him' at her death. Oelia Harris was then the widow of John Harris.

MtOH pE KALB. This action of assumpsit was brought by Watson against Bates in the circuit court of DeKalb, to recover a_ sum of money loaned to bet on tbe presidential election of 1848. It seems that Bates lost tbe amount, and 'it was paid oyer to tbe winning party, and subsequently promised Watson to repay tbe same. There is some proof tending to show a partnership between tbe parties in tbe bet, and other proof showing that Bates was alone interested therein.

EROM WILSON. Otis Pettee 'brought Ms action of assumpsit in tlie circuit court of Wilson, against the Tenn. Manufacturing Company for a balance due on account of machinery furnished them for their cotton factory in Lebanon. The declaration contains three counts; one upon a special contract in writing; one for goods sold and delivered, and one for money paid, laid out, and expended.

EKOM BE KALB. The plaintiff in error, as sheriff of DeKalb, levied a writ in replevin upon corn in possession of the defendant in error, at the suit of Matthew Williams and wife, who claimed the corn as rent for the land upon which it was produced, which had been rented to the defendant in error by the wife of said Williams dum sola.

FROM FRANKLIN. This bill was filed by the complainants in chancery at 'Winchester, against the defendant Smith, as executor and trustee under the will of William Smith, deceased, and others, asking that the will of said testator be construed, and the rights of the complainants stated and declared. The clauses of said will lipón which the controversy arose are fully given in the opinion as well as the question at issue arising thereon.

FROM BEDFORD. Henry Turpin instituted Ms action of assumpsit on the 16th day of November,- 1852, against Robert D. Williams, in the circuit court of Bedford, and filed his declaration at the… Held: that where the plaintiff had paid the whole amount of the note and taken it up, so that he might maintain an action directly on the note, the suit on the money counts could not be sustained.

]?KOM MAURY. This was an action of trover, brought by the plaintiff against the defendant for the conversion of certain promissory notes which one Holcombe had won from the plaintiff in a certain game of cards,' and which said Holcombe had assigned to the defendant in error, who had full notice of the manner in which Holcombe had obtained them.

FROM OVERTON. The plaintiff in error was indicted in the circuit court of Overton, for the murder of Benj. B. Ray. At the February Term, 1853, he was tried and convicted of voluntary manslaughter, and sentenced and adjudged to eight years imprisonment in the penitentiary. The facts and the charge of the court are given in the opinion. A motion for a new trial being overruled, he appealed in error to this court.

THOM JACKSON. The plaintiff in error, was indicted and convicted at the November Term, 1853, of the circuit court of Jackson, for the larceny of a bank note.

FROM CAMON. This was an action of asswnvpsit brought by Eakin & Go., in their own names, against S. N. Burger, A. Burger, and T. T. Peay. The declaration contains three counts. The first on a note made by S. N. Burger, and endorsed by A. Burger and T. T. Peay.

EKOM MONTGOMERY, The plaintiffs in error located their turnpike road through tbe lands of Atkinson, witb whom they could not agree as to tbe damages thereto. Atkinson applied to tbe circuit court of Montgomery for tbe appointment of a jury, as provided for under § 5 of tbe act of 1850, ch. 72, to assess bis damages. Tbe jury was appointed, and reported to the next term that Atkinson bad sustained damages to tbe amount of $420.

EROM MAURY. A suit was instituted in chancery at Columbia, by James F. Jordan against John F. Jordan and others. Pending this suit, James F. Jordan, the complainant, died in Texas, of which State he was a citizen. His interest in this suit was the only estate he left within this State.

FROM DAVIDSON. This was a proceeding by motion against the plaintiff in error as sheriff of Davidson in the circuit court of said county for a false return, upon a writ of ven-ditioni exponas. Greenfield had sued out an attachment against one Jones, which an officer levied upon certain furniture which he left in the ware room where the levy was made.

FROM DAVIDSON. This' suit was instituted in tbe circuit court of Davidson, by Hobbs & Henly for tbe use of Henly, upon a policy of insurance against loss by fire, effected with tbe Memphis Insurance Company.

FROM CANNON. This was a proceeding upon an inquisition of lunacy in tlie county court of Cannon, where it was instituted on the ground that Sarah Cooper, the plaintiff in error, was old and infirm, and for the want of the proper exercise of her mind and memory, liable to- be cheated, and incapable of managing her estate; this was substantially the report of the jury of inquest, which was received by the county court and ordered to be entered upon the record; but no guardian…

EROM OVERTON. The defendant in error brought this action of slander against the plaintiff in error in the circuit court of Overton. The words spoken were, “there goes the grocery keeper that stole my money.” The witness who heard the words uttered, was asked his opinion as to whom the words referred. This was objected to, but the court, Judge Goodall presiding, overruled the objection, ‘ and permitted the question to be answered.

MOM MONTGOMERY. This was an action of debt for rent upon a letting by pa/rol, instituted on the 19th of April, 1850, in the circuit court of Montgomery. The defendant plead nil debet and the statute of limitations. It appears that Broddie in the year 1840 or 1841, took possession of a tract of land in the county of Montgomery, under a contract with L. W. King and as his tenant. King claimed title to the land, and Broddie remained in possession about two years.

FROM MAURY. This was a proceeding originating before a justice of the peace in Maury cou'nty, upon a sows facias against the defendant in error, as administrator of Harmon Miller, deceased, to revive a judgment rendered against said Miller in his life time, and which was brought by appeal into, the circuit court of. said county.

FROM SUMNER. The Red River Turnpike Company was indicted in the circuit court of Sumner under their corporate name, for permitting their road to be out of repair. There was a demurrer to the indictment under an agreement between the counsel for the company and the State, that in the event said demurrer should be overruled the company should be allowed to plead over to said indictment.

PROM WILLIAMSON. ■ This was an issue of devismit vel non upon the will of William T. North, deceased, submitted to a jury of Williamson county, before Judge Bastee, at the July Term, 1853, of the circuit court of said county. The testator was eighteen years of age at the time of the execution of the will, and died soon after. The testator had survived his father and mother, and died without brother or sister.

FROM FRANKLIN. This was a bill filed in chancery at Winchester, by Joanna Houston, to recover of the defendant a slave she claimed by deed of gift from her father, William Smith. The deed was executed in 1819, and the slaves therein given were delivered to her, she being then a feme covert, the wife of Jonathan Houston. The slaves given were Milly and Eliza; and the slave in controversy was Charles, the issue of Milly.

ekom; dayidsox: This cause originated before a justice of the peace in Davidson county, in a suit instituted by the defendant in error against the plaintiff in error, for a five per omit. call on the stock of the plaintiff in error in their turnpike road. The charter of this road was granted by the act of 1849-50, ch. 78, § 9-11, by •which Gleaves, the plaintiff in error, is constituted one of the corporators, with seven others who are the defendants in error.

EBOM GILES. The plaintiff by his agent sold to the defendant a female slave for $700, and this action of debt was brought to recover the amount of a note given in part payment. The agent was authorized to “sell and dispose of” the slave, and gave the defendant a warranty of soundness in the name of the plaintiff, without seal. It appears that the slave at the time of the sale was wholly valueless on account of disease, and the defendant offered her back to the plaintiff.

PEOM HATJKY. The plaintiff in error instituted this action of as-sumpsit against tbe defendants in tbe circuit court of Maury county, to recover the amount of a certificate of , deposit which had been transferred to the plaintiff by the defendants, under the following circumstances: In June, 1847, the defendants in error gave their note to one Carrington for $2,000. The note was deposited by Carrington in the branch of the Union Bank at Columbia for collection.

FROM MAURT. This action was brought by the plaintiffs against the defendants, to recover damages for the breach of a contract without seal, whereby the defendants had undertaken to put up machinery for a mill and place the same in successful operation for the plaintiffs. The contract is dated 26th of July, 1851, and the defendants were to have the work done by the 1st of October of the same year.

prom franklin. This bill was filed by tbe 'complainants, Sophia Bostick and her children in the chancery court at Winchester, for'the purposes and upon the facts fully given in the opinion. At the February Term, 1853, Hon. B.. L. Ridley, Chancellor, rendered a decree in favor of complainants, from which the respondents appealed. with whom was W. P. HiokeRsost, who said : 1.

FROM BEDFORD. This was an action of ejectment, brought by tbe defendant in error against tbe plaintiff in error, in tbe circuit court of Bedford, and tried before Judge David-soN, at tbe December Term, 1853. There was verdict and judgment for Phillips, tbe plaintiff in ejectment, from wbicb Pratt the defendant, appealed in error.

FROM DAVinSON. This was an action for mesne, profits in the circuit court of Davidson, where there was a verdict and judg-naent for the defendant, Judge Baxter presiding, from which the plaintiff appealed in error. It was submitted upon an agreed state of facts, which are fully embodied in the opinion.

imoar ovektox. Tliis bill was filed in chancery at Livingston by the complainants as heirs at law and distributees of Joseph B. Bates against Thomas F. Bates and others, asking a construction of certain clauses in the will of Joseph Bates, deceased; under which the complainants claimed the proportion of property bequeathed by said will to Joseph B. Bates, deceased: and which the said Thomas F. Bates held and claimed after the de'ath of said Jos.

EBOM MADISON. This was a bill filed in the chancery court .at Jackson, upon the following state of facts: James N. Watt, deceased, late of Madison county, made his last will and testament on the 20th of December, 1852, appointing the plaintiff in error, executor, and died soon afterwards.

M50M GIBSON. This was a bill filed in chancery at Trenton, on the 12th of July, 1845, to enforce the vendor’s lien upon land for unpaid purchase money, and for other purposes'. It seems that at the:- time the bill was filed, the 'notes upon which the suit is predicated had been due’ more than seven years, during the whole of which time the defendant, the vendee, had been in possession of the land claiming under his ‘ title bond.

FBOM MADISON. This was a bill filed by the complainant, Bumpass, in the chancery court at Jackson, 'asking a perpetual injunction against the collection of a judgment recovered by Reams against him in the circuit court of Madison county. It appears that in the suit at law, Bum-pass filed his petition for a discovery, alleging that the whole note, which was the foundation of the action, was given for usury, and prayihg that Reams might be ordered to answer thereto.

J?KOM DVBE. This is an action of ejectment for two hundred and fifty acres of land, lying in Dyer county, brought by the defendant in error against the plaintiff in error, and tried before Hon. John Head at the February Term, 1854, of the circuit court of that county, resulting in a verdict for the defendant in error.

FEOJI EAYETTE. The plaintiff in error was indicted in the circuit court of Fayette county, at the February Term, 1854, of said court, for an assault with intent to commit murder in the first degree; was tried at the same term, and convicted of an assault. The Court, Hon. JNo.

prom dyer. This was a petition for dower, in the county court of Dyer, filed by Eichardson & wife, to have the dower of tlxe latter in tbe lands of lier former husband, Sampson Smith, deceased, assigned “to them. The county court made an order appointing commissioners to set apart and allot the dower; and thereupon, Butherford and others, heirs at law of said Sampson Smith, dec’d., appealed to the circuit court of said county.

ITtOM SHELBY. This was an action of debt instituted by Miles White against J. Bants & Co., in the common law and chancery court of Memphis, upon divers notes given for the rent of a lot in that city. It appears, that in 1848 Miles White leased the lot to the plaintiffs in error for the term of five years, and these notes were executed for the rent, payable annually.

FROM CARROLL. This was an issue of devismit vel non, submitted to a jury of the county of Carroll at the August Term, 1853, of the circuit court of said county, before Judge Fitz-geeald, upon a paper purporting to be the nuncupative will of Absely P. Tbomas, dec’d. Tbe paper was offered for probate, tbe county court of said county, at October Term, 1852, by tbe plaintiff as administrator and guardian of tbe legatees, and was contested by tbe defendant and others, beirs at…

FROM CARROLL. This cause originated before a justice of the peace in the county of Carroll, and was brought by appeal into the circuit court of that county. Cannon contracted with Hughes to work upon the farm of the latter for eight months, from the 3d of March, 1851, for the sum of $65.

F1105I FAYETTE. The plaintiff in error was indicted in the circuit court of Eajette county, for the offense of obstructing a public road. At the October Term, 1858, of said court, before Humpheets, Judge, he was tried, convicted, and by the judgment of the court, fined for said offense. He appealed in error to this court.

ITIOM SUMNEIt, WHITE AND DAVIDSON. These several cases from the counties of Davidson, Sumner and White, involving analogous principles arising under the several acts of the legislature, authorizing… Held: and resulted -in there being a majority of those voting, for the subscription. At the January Term, 1851-, of said county court, application was made to the court by said company, to levy a tax for tbe payment of the interest, &c., on said subscription.

FROM SUMNER. This was a hill filed in chancery at Gallatin. Held: or taxes levied and collected; each one of them is referable to, and limited and controlled by, the other powers, which define the purposes and objects of the corporation. These powers are incidental to all municipal corporations, which they possess as fully without being mentioned in the charter, as by being embraced in it. 3.