Volume 34 — Tennessee Reports

FROM DEKALB. At the April term 1851 of the circuit court of He Kalb county, before Turner, Judge, presiding, there was verdict and judgment for the defendants, in an action of assumpsit, instituted against them by the plaintiff.

EROM SMITH. This was a bill filed in chancery at Carthage, by the complainant, as administrator do bonis non, with the will annexed, of William Moores, dec’d, seeking to have the said will construed, and the rights and interests of the parties claiming under .the same, stated and adjusted. The testator executed his will in 1828, and soon afterwards died. By the will William B. Moores was appointed executor of the same, and upon due probate thereof, entered upon its execution.

FROM SCOTT. The prisoner, a slave, was indicted in tbe circuit court of Scott county, for an assault and battery upon a free white woman, with intent to commit a rape. After an unsuccessful effort to empannel a jury in said county for his trial, the court changed the venue to the county of Morgan, and thence for a like reason to the county of Fentress.

FROM FENTRESS. This was an action of debt upon a sheriff’s bond, . instituted in the circuit court of Eentress county, upon . facts fully given in the opinion. At June term, 1854, , before judge Goodall, there was -. verdict and judgment • for defendants, from which the plaintiff.'.' appealed ini er-.-ror to this court..

FROM WHITE. This was an action of trover, brought by Lowry ■ against Broyles for the seizure and conversion of certain corn claimed by Lowry under purchase from Graham. Broyles had rented a field to Graham to be cultivated in corn, one third of the crop to be paid to Broyles as rent.

RBOM SUMNEB. This bill was filed by the complainant in the chancery court at Gallatin, to enjoin certain proceedings at law, instituted by the respondent, to recover a certain slave in whom the complainant claimed a life estate. The facts are fully stated in the opinion of the court. The respondent also filed his cross bill in said court, praying a final adjustment of the rights of the parties by said court.

FROM DEKALB. This was an action of ejectment instituted by ‘Sellars and others, against Barnes, in the circuit court of De-Kalb county. At the December term, 1853, before Doodah., Judge, it was submitted to a jury, and resulted in a verdict and judgment for the plaintiffs. The defendant moved for a new trial, and in arrest of judgment, which motions being overruled, he appealed in error to this court. They cited 2 Tenn. B., 320. 4 Hay., 136. 11 Humph., 2m. They cited 1 Tenn.

JTBOM JACKSON. This action of ejectment was submitted to a jury of the county of Jackson, before Gaut, judge, presiding, by interchange, at the November term, 1854, of the circuit court of said county. Tbe plaintiff claimed under a deed from one David Johnson, and his wife, Maria, in the latter of whom, the fee simple' was vested before her intermarriage with Johnson. This deed was executed on the 8th of January, 1846, and duly recorded on the 22nd of the _ same month.

FROM WHIT®. This was an action of forcible entry and detainer, commenced by original writ in the circuit court of the county of White. At the June Term, 1854, it was submitted to a jury before Judge Goodall, and resulted in a verdict for the plaintiff. The judgment was arrested upon the ground that the plaintiff’s estate in the premises was not shown by the writ or declaration.

PROM JACKSON. The prisoner was indicted in the circuit court of Jackson county, for the crime of larceny. The indictment was preferred by an attorney general pro tempore, appointed by the court, upon the ground as appears by the order, that the regular officer of the government was incompetent for the reason that he had been of counsel for the prisoner before his election to the office of attorney general.

FROM WHITB. Levi L. Murfree placed in the hands of a constable of White county certain promissory notes, executed by the plaintiffs in error, with instructions to collect them. The constable brought suit upon them before a justice of said county, who rendered judgment in favor of the plaintiffs in error, and against Murfree for costs.

PROM SMITH. The complainant tinder the provisions of the act of 1854, ch. 82, filed his petition on the 12th of June, 1854, before the Hon. B. L. Ridley, chancellor, contesting the election of the respondent to the office of Attorney General of the 4th circuit, which the latter claimed, having received a plurality of the votes polled at the election held on the 24th of May, 1854, and to which he had been commissioned before the filing of said petition.

FROM DICKSON. Certain creditors, Ward, Collier and McCollom, as executor of Lox, dec’d, filed their attachment bills in chanceiy at Charlotte, to subject a legacy under the will of the late Christopher Strong, to the payment of their several debts. The bills were several, and the executors named in the will, and the legatee who was the debtor, were made defendants thereto.

FBOM FBANKLIN. The complainant in this bill was plaintiff in an action of trespass- quare damsum fregit instituted against the de« fendant before1^ a justice of the peace of Franklin county, which resulted in a judgment for the plaintiff, and was brought by the defendant into the circuit court of said county.

FROM WARREN. This was an action of debt instituted in the circuit cotu’t of Warren, in the year 1847, against one Stroud as maker, and the defendant as endorser of a promissory note; the facts fully appear in the opinion. The •cause was submitted to a jury before judge Marchbanks, at the October term, 1854, and resulted in a verdict for the plaintiff. The court arrested the judgment, and the plaintiff appealed to this court.

FROM MONTGOMERY. This action of trover was instituted in the circuit comt of Montgomery, in March, 1852, by L. H. Johnson, against Cobb, Welsh & Co., to recover damages for the alleged conversion and consequent loss of a slave hired by the former to the latter, and killed by the falling in of an ore bank. The declaration contains a count i/n case also. The slave was hired during the year 1851, to defendants, for service at their iron works.

FROM MONTGOMERY. The plaintiff brought his action of debt in the circuit court of Montgomery against the defendant, as administrator, for the use and occupation of certain real property in the town of Clarksville, by defendant’s intestate during his life-time, from the year 1847, until his death, in 1851. The writ was issued the 20th of August, 1853.

PROM MONTGOMERY. The attorney general of the State on the relation of John Dolan, filed this bill in chancery at Clarksville, against the Clarksville and Rnsselville turnpike company, praying that a certain toll gate, erected by said company, within less than one mile of the town of Clarksville, might be declared a nuisance, and abated as such. The charter authorized the company to erect a toll gate within two miles of the town of Olarhsville.

FROM FRANKLIN. This was a bill filed in chancery at Winchester, upon the facts and for the purposes fully given in the opinion. The defendants demurred to the bill, and Chancellor Ridley sustained the demurrer and dismissed the bill, whereupon complainants appealed. said: This bill was dismissed for want of jurisdiction — as we understood the chancellor, because the remedy was at law. Could these parties have sued at law? Could the sheriff?

FROM DEKALB. By the act of incorporation of the town of Alexandria, in the county of DeKalb, passed in 1848, ch. Ill, § 10, the sheriff of said county is required to open and hold… Held: “that it was only for the public use that the State was authorized to exercise the right of eminent domain, and that the State had no right to take one man’s property and give it to another for the erection of a saw mill and paper mill, these being wholly for the use of a private individual.

BROM WILSON. The complainants, as the heirs of E. P. Horn, dec’d, filed their petition in the chancery comt at Lebanon, at its July term, 1845, for the sale of two tracts of land, one of which is described in the petition as containing “172 acres or thereabouts.” An interlocutory order was made at the same term, referring the case to the clerk and master to take proof and report whether it was to the interest of complainants, some of whom were then minors and others femes…

FBOM RUTHERFORB. This was a bill of interpleader, filed by tbe complainant as administrator of Sarafr Maddox, dec’d, in ehancery at Murfreesboro’, seeking tbe direction and counsel of tbe court in… Held: that the descent of the property must be broken. 7 Johns. Ch. R., 247. The case in Johns. Oh. R. has been cited with approbation by this court, in 6 Yerg. 44. 10 Yerg. 222. 3 Humph., 628, and 6 Humph., 127.

FROM- DBKALB. The plaintiff in error was defendant in an action of debt instituted by the defendant in error against hinr by attachment before a justice of the peace of the county of DeKalb. It was brought by appeal into the circuit court of said county.

FROM BEDFORD. In the month of August, 1853, John M. Kinslow defendant in a judgment before a justice of the peace in Bedford county, in favor of Thomas J. Garrison, brought said cause by certiorari into the circuit court of said county. The plaintiffs in error were his securities on the bond for certiorari.

FROM WHITE. This was an issue of devisavit vel non, involving the validity of the will of Bichard Crowder, deceased, which was submitted to a jury of White county, before Judge Goodall, at the June term, ■ 1854, of the circuit court of said county. The will disposed of the testator’s real as well as his personal property.

FROM ERANKLIH. The plaintiff in error, a constable of the county of EranMin, was indicted in the circuit court of said county for extortion. The specification was, that the defendant received certain fees of office for the execution of two subpwna’s, which he had not in fact executed, but which he had returned as duly executed. A judgment had been rendered by a justice of the peace of said county, in which these fees were included.

FROM OAFTSTON. This action of trover was instituted by the defendant in error, as trustee, against the plaintiff in error, in the eircuit court of Cannon county, upon the facts fully stated in the opinion. At the June term, 1854, before judge Davidson, there was verdict and judgment for the plaintiff — from whieh the defendant appealed in error to this court.

PROM COFFEE. This was an action of assumpsit, instituted by the defendant in error in the circuit court of Coffee county, as administrator of the estate of John W. Stamps, dec’d, to recover money paid by the intestate in his life-time to the plaintiff in error, on an alleged contract for land. The defendant below relied upon the instrument quoted in the synopsis as a defence to the action.

FROM BEDFORD. The defendant in error recovered, before a justice of the peace, a judgment by motion against Cannon, a constable of Bedford county, and his securities for the amount of an execution placed in his hands, and which he failed to return.

FROM BEDFORD. This was an action on the case for slanderous words spoken, instituted by James B. Phillips against Robert Cannon, in the circuit court of Bedford county, and submitted to a jury before judge Davidson, at the December term, 1853, of said court. The declaration to which there was a demurrer, is sufficiently quoted in the opinion. The court overruled the demurrer and permitted the defendant to plead the general issue.

FROM BEDFORD. This bill was filed in chancery at Shelbyville by the complainant, against the defendant as executor of the will of William Hix, dec’d, and John G., Charles T. and Mary Philpot and others, legatees under the same, as purchaser of the interest of John G. Philpot and Mary his wife, to have the said interest decreed to him and for an account.

FROM WILSON. This action, of trespass guare clausum fregit, is from the circuit court of Wilson county. It was originally instituted by Baird, as guardian, against Tilghman and others, before a justice of the peace in said county, for an alleged trespass upon a strip of land claimed by both parties under different grants, and was brought by appeal into the circuit court.

PROM BEDFORD. This was an attachment bill filed in chancery, at Shelbyville, on the 4th of August, 1853, against the defendant as executor of the last will and testament of Elijah Lacy, dec’d, and Robert Lacy, one of the legatees under said will, to subject a legacy bequeathed to said Robert Lacy in said will, to the payment of a debt due from the latter to the complainant. The will gaye the whole estate for life to the wife of said testator, who died before the testator.

FROM BEDFORD. This was an action of trespass on the case brought by Cunningham against Knott, in the circuit court of Bedford. It seems that Knott and one Smalling were racing their horses along a public road, and overran the defendant, Cunningham, and inflicted serious injuries upon himself and his horse, which resulted in the death of his horse. This was the foundation of this suit, which was commenced on the 28th of March, 1853.

FROM BEDFORD. This action of ejectment was submitted to a jnry of the county of Bedford, at the December term, 1853, of the circuit court of said county, before judge Pepper, and resulted in a verdict- and judgment for the defendant, from which the plaintiff appealed in error to this court.

EROM BEDFORD. This proceeding in bastardy, was instituted by Mary Sharp, in the name of the State by warrant, before a justice of the peace of the county of Bedford, against James Oneal, in January 1853. He was recognized to appear before the county court, when upon issue joined, a judgment was given for the defendant. Mary Sharp prayed and obtained an appeal to the circuit court, from this judgment of the county court, without security, upon affidavit in forma pauperis.

FROM OVERTON. The complainant, Nancy McGhee, filed in the circuit court of Overton county, in October 1852, her bill for divorce and alimony against the defendant, George McGhee, her husband, who, as alleged, had abandoned and otherwise maltreated her, and fled the country. His property was attached in obedience to the prayer of the bill, to abide the result of the suit.

EKOM DAYIDSON. The defendant, a licensed retailor of spirituous liquors, was indicted in the criminal court of Davidson for giving spirituous liquors to a slave without the consent of the owner.

FROM FRANKLIN. This was a proceeding by seire facias, to make the defendants in error liable upon a recognizance entered into by them, as securities of one Samuel Taylor, before a justice of the peace of Franklin county, conditioned that Taylor should appear before the circuit court of said county, to answer the State upon a charge of larceny.

EEOM GKUNDY. The plaintiff in error, with others, was indicted and convicted in the circuit court of Grundy county, for an affray. He was fined and ordered to be imprisoned for two days.

FROM GILES. The plaintiff brought his action of trespass on the ease against the defendant, in the circuit court of Giles county, to recover damages for a breach of warranty of the soundness of a slave. The sale was made to the plaintiff by an agent of the defendant, under a written authority to “sell and dispose of” the slave, containing no express power to warrant the title or quality of the slave.

FROM BEDFORD. The plaintiff in error recovered in the circuit court of Bedford county, a judgment nisi against the defendant .upon a forfeiture for non-attendance as a witness in a civil suit, in which the former was a party, upon which judgment, scire facias issued, reciting the same; upon the execution and return of which there was a general demurrer filed by the defendant.

FROM MONTGOMERY. The defendant in error, as a domestic creditor of the estate of M. A. Martin, dec’d, instituted this action of debt in the circuit court of Montgomery against the plaintiff in error,… Held: that in computing time under the statute of limitations^ the day when the cause of action accrued, should be included, and that an action brought six years afterwards, on the same day of the month, was too late.

FROM MAURY. An information was preferred in the circuit court of Maury county Judge Martin presiding, by the acting Attorney General of the 8th circuit, in the name of the State against the Columbia and Hampshire Turnpike Company, a corporation, charging such a non-compliance with the terms and requirements of its charter, as to entitle the State to have a forfeiture of the same declared, and asking a forfeiture accordingly.

FROM DAVIDSON. This action of trover was instituted by Geo. D. Hamlet against Isaac M. Jones, in the circuit court of Davidson, to recover damages for the seizure and conversion of certain slaves conveyed to the plaintiff in trust, and levied upon and sold by the defendant, as an officer, to satisfy certain executions in his hands, against one Freeman, the maker of the deed of trust. The facts are so fully stated in the opinion, it is unnecessary to reiterate them.

FROM DAVIDSON. This action was instituted in tbe circuit court of Davidson, under the act of 1850, ch. 58, by the defendant in error, as administrator of John Poyner, dec’d, against tbe. Franklin Turnpike Co., to recover damages for tbe use and benefit of tbe widow and children of tbe intestate, for a casualty which resulted in bis death.

FROM STJMNER. The defendant was indicted in the circuit court of Sumner, for unlawful gaming. He filed a plea in abatement, that several others were engaged in the game for which he was indicted, who were not embraced in the indictment. To this plea the Attorney General demurred. The court, Judge Pepper presiding, overruled the demurrer and gave judgment, abating the indictment, whereupon the Attorney General appealed in error to this court.

EEOM LAWBENCE. Tbis action of assumpsit instituted in the circuit court of tbe county of Lawrence, was brought into the circuit court of Giles, by change of venue, where at October term, 1854, it was submitted to a jury before L. D. Myers, special judge.

FROM DAVIDSON-. The prisoner was indicted and convicted in the criminal court of Davidson, before Turner, judge, of tbe crime of larceny, and judgment of imprisonment in tbe penitentiary pronounced against bim in accordance with tbe verdict of tbe jury. He moved for a new trial and in arrest of judgment, wbicb being severally overruled, be appealed in error to this court.

Irwin departed this life in the State of Louisiana, leaving real estate in Tennessee, which descended to his only child, Adeline B. B.. Irwin, then an infant of tender years, whose mother had also died before the father. Adeline B. B. Irwin died without issue, or-' brother or sister in either degree, or the issue of such, but leaving several uncles and aunts on both the paternal and maternal side.

PROM GILES. This was a question of costs from tbe circuit court of Giles, arising upon tbe construction of tbe act of 1783, ch. 11, § 4, which provides that “ the party cast shall not he obliged to pay for more than two witnesses to prove any single fact.” James Shannon, the intestate of defendant in error, in his life time recovered judgment against A. 0. Esselman in an action of slander for five hundred dollars damages, and costs.

FROM SUMNER. The matters in litigation in this case involve the construction of the will of Isaac Franklin, dec’d, late of the county of Sumner, and a proper adjustment of accounts between the… Held: that this was a good charity, its object lawful and sufficiently definite, and declared the bequests valid.

FROM LAWRENCE. This was a motion against the sheriff of Lawrence and his official sureties for failing to return an execution. The proceeding was instituted before a justice of the peace, who gave judgment for the plaintiff, and the defendants brought the case by appeal into the circuit court, before judge Walker, where there was also judgment for the plaintiff, from which the defendants appealed in error to this court.

FROM DAVIDSON. This was a bill filed in chancery, at Nashville, to enjoin the sale of two slaves claimed by the complainant as Ms property. On the 20th of January, 1850, one R. S. Payne, who sued for the use of Levi Baker, recovered a judgment in the circuit court of Davidson county, for the sum of $2,245, against Daniel Maguire, principal, and William B. and William C. Cummings, securities, one of whom was the father-in-law and the other the brother-in-law of Maguire.

FROM DAVIDSOR. This was a petition filed in' chancery, at .Nashville, by John Eeid as next friend of F. J. Eeid, a minor, for the sale of a tract of land, lying in Tipton county, upon the ground that it was to the manifest advantage of said minor that the land he sold and the proceeds thereof invested elsewhere. The sale was decreed accordingly, and Charles Eead became the purchaser, and soon afterwards died.

FROM WARREN. This bill and cross bill were filed in chancery, at McMinnville, upon the facts indicated above, and fully given in the opinion. Various questions, other than the point in judgment, were made in the pleadings, which it is unnecessary to recite. The substance of chancellor Ridley’s decree, from which the complainants in the original bill appealed, is given in the opinion.

EROM SUMNER. TMs was a bill filed in chancery, at Gallatin, by the complainant, as executor under the will of Page P, Parker, dec’d, to hare said will construed. The will is copied into the opinion of this court. The heirs and legatees are made parties defendant, who answered, insisting upon their several constructions of the will.

FROM DAVIDSOH. This was a bill filed by the complainant as widow and devisee of Joseph 0. Gee, deceased, in the chancery court, at Nashville, against the respondent, as widow and devisee of Samuel M. Gee, deo’d, and a cross bill filed by the latter against the former in said court, to have their rights and interests respectively stated and declared, in a tract of land jointly owned and possessed by the two decedents in their life time.

PROM WILLIAMSON. The defendant in error wrote his name opposite a judgment in a justice’s docket, in Williamson county, as stayor of execution in the absence of the justice, but. in presence of a witness. The justice upon discovering the entry acquiesced therein, within the time allowed for staying the execution; and at the expiration of said stay an execution was issued upon said judgment, and levied upon the property of the defendant in error.

FROM DAVIDSON. A writ of mandamus issued from the circuit court of Davidson county, on the 14th of October, 1854, to the Comptroller of the Treasury, upon the petition of Wm. K. Turner, judge of the criminal court of Davidson, directing the issuance of said comptroller’s warrant to the treasurer for the payment to the relator of his quarterly instalments of salary, at the rate of eighteen hundred dollars per annum, which the latter claimed under the act of 1854, ch. 27.

FROM WAYNE. The defendant was summoned by subpoena to appear in the circuit court of Wayne, to be sworn and sent to testify before the grand jury as to his knowledge of violations of the tip'pling laws. He failed to attend,- and a forfeiture was taken against him, and judgment nisi rendered for the sum of one hundred and twenty-five dollars, it being just half of the amount of the penalty fixed in such cases by the statute.

EROM DAVIDSON. This suit originated before a justice of the peace of Davidson county, and was brought by appeal into the circuit court of said county, where it resulted in a verdict and. judgment for the plaintiff, Baxter, judge, presiding. The defendant appealed in error to this court.

PROM DAVIDSON. This was an attachment bill under the act of 1836, ch. 48, filed by the complainant in chancery, at Nashville, against the defendant as a non-resident. The defendant pleaded in abatement, that at the time of the filing of said bill, be was not a non-resident of the State of Tennessee, which plea, upon hearing of the facts, Chancellor Frierson sustained, and the bill was dismissed. The complainant appealed to this court.

FROM DAVIDSON This action of assumpsit, instituted in tbe circuit court of Davidson county, by tbe Planters’ Bank of Tennessee against Ratcliff & Brown, as tbe drawers of a bill of exchange for $1,409 98, was submitted to a jury upon tbe facts indicated in tbe synopsis, at tbe January term, 1854, of said court, before Baxter judge, and resulted in a verdict and judgment for tbe plaintiff, from wbicb tbe defendants appealed in error to tbis court. cited, Wheeler vs. Field, 6…

FROM DAVIDSON. The defendants in error performed labor and services for the plaintiff in error, in erecting a bouse in the county of Davidson, and they sued out an attachment at law, under the act of 1846, ch. 118, § 3, to enforce their mechanic’s lien : No process was served upon or notice of the proceeding given to the plaintiff in error, who was at the time a resident citizen of the county of Davidson.

EROM MONTGOMERY. This action on the case, instituted in the circuit court of Montgomery, by Charles O’Neal against Joshua Cobb, was submitted to a jury of said county, at the January term, 1854, and resulted . in a verdict and judgment for the plaintiff; Pepper, judge, presiding^ The defendant moved for a new trial, which the court • ,u overruled, and he appealed in error to this court.

FROM WILLIAMSON. This action of debt, upon a bill single, was instituted and conducted under the act of 1811, ch. 114, § 1, in the circuit court of Williamson county, where at the July term, 1854, before Baxter, judge, there was verdict and judgment for the plaintiffs. The defendants moved for a new trial, which the court refused, and one of the defendants appealed in error to this court.

FROM DAVIDSON. Tbis was an action of assumpsit instituted in the circuit court of Davidson county, by W. F. Davidson against W. E. Jones. In 1852 the parties entered into a contract, in writing, to collect and prosecute certain pension claims against the Federal Government. The claims were described in the writing, and among them that of the heirs of Captain Thomas Gray, an officer in the army of the revolution.

FROM DAVIDSON. This is an action of covenant from the circuit court of Davidson, instituted upon the bond, the condition of which is quoted in the opinion. There was verdict in the court below for the defendants and judgment thereon, from which an appeal in error was prosecuted to this court.

FROM DAVIDSON. This action of covenant was instituted by W. B. and J. B. Hudson, in the circuit court of Davidson, against L. 0. Coleman, upon the instrument quoted in the opinion. It appears that the plaintiffs tendered to the defendant the first lot of cattle according to the contract, which the latter refused to receive, and this action was brought to recover damages for a breach of covenant on his part.

FROM RUTHERFORD. This bill was filed in the chancery court, at Mur-freesboro’, by the complainants, as children and legatees of James Elliott, dec’d, to recover three slaves, which they claim under the will of said decedent. The slaves were sold to the defendant, Cochran, in 1837, by the executors under an order of the chancery court at Mur-freesboro’.

FROM TIPTOH. This was an action for slanderous words spoken, instituted in the circuit court of Tipton county, by the plaintiff in error… Held: in 1 Bay’s Keports, “to say of one, he is a mulatto or free negro, is actionable ; upon the principle asserted in several of the North Carolina cases, that the charge, if true, deprives a man of his libera lex, as a free negro or mulatto is not one of the boni et legales homines of society, he cannot vote, bo a juror or witness;…

PROM SHELBY. This suit was instituted before a justice of the peace in Shelby, on the 7th September, 1854, by the defendant in error against the F. & M. Bank of Memphis, to recover the amount of two bank notes of five dollars each, issued by said bank, the one on the 7th June, 1840, and the other on the 12th of August, 1840.

PROM DECATUR. This action of unlawful detainer was tried by three justices in the county of Decatur, and brought by cer-tiorari into the circuit court of said county, where it was submitted to a jury, at the November term, 1854, before Judge Walker, resulting in a verdict and judgment for the plaintiff.

EROM WEAKLEY. This was a presentment against the plaintiff in error in the circuit court of Weakley county, as the proprietor of a turnpike road, for not keeping the same in proper repair. There was a conviction in the court below before Fitzgerald, judge, and a motion in arrest of judgment being overruled, and judgment given, an appeal in error was taken to this court.

FROM SHELBY. The defendants in error, on the 31st of May, 1853, brought their action of assumpsit in the common law court of Memphis, against the plaintiff in error to recover the amount of two due bills, without seal, dated June 1st, 1847, and due from date. The statute of limitations having been pleaded, to which issue was taken, the plaintiff asked leave to amend by changing the form of action to debt, which was granted.

PROM PAYETTE. ' 'l fiis was a MR filed by complainant in chancery, at Semmerville, seeking a divorce a vinculo matrimonii and to have her property before marriage restored to her. The biR charges great abuse and maltreatment on the p,-v’’t of the respondent to the complainant, which is den: d in the answer, but much of which seems to be suf -’ined by the proof.

FROM TIPTOET. This action of replevin comes from the .circuit court: of Tipton. Maley, as sheriff, levied an attachment upon certain slaves as the property of Cockrell, at the' suit of E. M. Apperson & Co. The property attached' had before that time been conveyed by Cockrell in trust to Barrett for the benefit of certain creditors, by deed, duly recorded. Barrett instituted this suit against Maley to recover the property.

PROM SHELBY. This was a motion made in the common law court of Memphis, against W. D. Gilmore, sheriff of Shelby county and Wm. Held: that when a judgment was not void as to any, but merely erroneous as to some and irregular, it would be reversed in toto. ® So if this judgment is void as to the ad-ministratix and administrator, or merely erroneous and irregular as to them, it will be reversed in toto. argued: 1.

PROM HARDEMAN. This bill was filed, at Sommerville, by ¥m. E. Hughes and Mary E. bis wife, formerly Mary E. Boyd, widow of Bichard S. Boyd, dec’d, against the legatees and devisees of said Bichard S. Boyd, to have his will construed, and the rights of the parties.; stated and adjusted. The clauses upon which a construction was aslied, are cited in the above synopsis.

EBOM HENDERSON. This bill was filed in 1852 in chancery, at Lexington, by the complainants against the defendant as their guardian and his securities, to enforce a settlement of his accounts, and to have an account for the personal labor and services of two of the complainants, which they allege to have been rendered the defendant while they were his wards.

EKOM SIIELBY. Defendants’ testator was dormant partner in the firm of Farrington & Chiles, at Memphis, who were indebted to the plaintiffs as… Held: that where one of several joint plaintiffs was under no disability at the time the cause of action accrued, the statute runs against all, although the others are infants. This was a case where one of the joint plaintiffs was over the age of twenty-one years at the time the cause of action accrued, and the others were infants.

FROM SHELBY. This action of debt was instituted in the law side of the common law and chancery court of the city of Memphis, by the Bank of Mobile, to recover of the defendant tbe amount of three promissory notes amounting in aggregate to near $17,000.

FROM CARROLL. This bill was filed in chancery, at Huntingdon, by the heirs of William Rowland, to have a certain conveyance of land made by their father in his life time, set aside upon the ground, that it was made fraudulently to defeat the widow’s right of dower. The bill asks that the title to said land, exclusive of the widow’s dower, be divested out of the vendee and vested in them, as heirs at law of the vendor.

FROM SHELBY. This was an action of debt in tbe common law court of Memphis. The opinion of the court embodies the material facts. At the March term, 1855, before Caruthers, judge, it was submitted to a jury and resulted in a verdict and judgment for the defendant. The plaintiff moved for a new trial, which was refused, and he appealed in error to this court.

FROM GIBSON. The prisoner in this case was tried in the circuit court of Gibson county, before Fitzgerald, judge, on a presentment for larceny. While the jury were returning into court with their verdict, the prisoner left the prisoner’s box and made his escape. The court received the verdict of guilty, and rendered judgment thereon in his absence.

PROM SHELBY. This action on a bill of exchange drawn by a firm in St. Louis, upon a firm in Hew Orleans, and endorsed by defendants, who resided in Memphis, was submitted to a jury before Humphreys, judge, in the common law court of Memphis, resulting in a verdict and judgment for the defendants, from which the plaintiffs appealed in error to this court.

FROM HARDEMAN. This bill was filed in chancery, at Bolivar, to enjoin the sale of a slave levied upon by the defendant in error, as the property of J. O. Parmer, upon the facts given in the opinion of the court. At the March term, 1855, the injunction was made perpetual by Chancellor Williams, from which the defendant appealed.

FROM GIBSON. This bill was filed in chancery, at Trenton. At the January term, 1854, there was a decree by Chancellor Jones, in favor of complainants, from which defendants appealed.

BEOM DYER. The plaintiff brought his action of ejectment in the circuit court of Dyer, for land claimed by the defendant under a tax sale, and sheriff’s deed thereon. The plaintiff claims under a gi’ant. Judge Head ruled, that the plaintiff could not impeach the tax sale for irregularity, until he had first shown that he had paid the taxes for 1847, for which the land was sold in 1848.

FROM HAYWOOD. This was a petition preferred by Battle, in the circuit court of Haywood, asking a writ of mandamus, to compel Eawles,’ entry taker of said county, to receive an entry for 414 acres of land, which had already been granted to another, upon an entry alleged to be void upon the ground, that it was made in the name of the petitioner’s father, who was at the time thereof deceased. At the February term, 1855, the petition was heard by Judge Eead, and refused.

FROM CARROLL. The defendants, Wm. Johnson, adm’r, and others, distributees, obtained an order of the circuit court of Carroll county, for the sale of certain slaves for distribution. The sale was made by the clerk, in pursuance of the order, at public auction, and Peter Pearson be'Came the purchaser of one of the slaves, named George, for the sum of $1005.

FROM HENDERSON. This bill was filed in the chancery court, at Lexington, upon the facts and for the purposes given in the opinion of this court. At December term, 1854, of said court, Chancellor Pavatt decreed in favor of respondents, from which complainants appealed.

FEOM HAYWOOD. This action of debt, upon a transcript of a judgment from North Carolina, was submitted to a jury of Haywood county, at tbe February term of tbe circuit court of said county, before Judge Eead, and resulted in a verdict for tbe plaintiff, whose counsel moved for judgment to be entered leviable de bonis propriis, which the court overruled, and ordered the same to be entered, to be levied de bonis testatoris. Whereupon the plaintiff appealed in error.

FROM HAYWOOD. This bill was filed in the chancery court, at Brownsville, in December 1851, upon the facts and for the •purposes fully indicated in the opinion. At the January term, 1855, there was a decree by I. B.' Williams, '■Chancellor, in favor of the respondents, from which the •complainants appealed.

FROM CARROLL. This action was instituted in the circuit court of Carroll county, for a fraudulent warranty in the sale of a slave. Upon the trial, at April term, 1854, the plaintiff produced a bill of sale attested by two witnesses, and proved that one of said witnesses was now in New Orleans, and the other now in Wisconsin, and thereupon the court, Judge Fitzgerald, presiding, admitted secondary evidence to establish the execution of said bill of sale.

FROM GIBSON. This was an action of debt upon a constable’s bond, from the circuit court of Gibson, brought to recover the amount of an execution placed in the hands of said constable, which he levied upon property and failed to sell, because the title was in dispute and he was not / indemnified. ■ At March term, 1855, there was verdict and judgment for the defendant, Bitzgerald, judge, presiding, from which the plaintiff appealed in, error.

FROM MADISON. This action of trover, was instituted in the circuit court pf Madison county, by the plaintiffs in error against the defendant, on the 8th day of April, 1850, for the alleged conversion of a negro slave named Sylvia, claimed by the plaintiffs as their property.

FROM WEAKLEY. This issue devisavit vel non, involving the validity of the will of Kelson Railing, dec’d, late of the county of Weakley, was submitted to a jury of said county before Judge Fitzgerald, at the June term, 1854, of the circuit court, and resulted in a verdict in favor of the contestants. A new trial being refused, there was judgment, and an appeal in error by the executor to this court.

FROM FAYETTE. This bill was filed in chancery, at Sommerville, upon the facts, and for the purposes stated in the opinion. At the March term, 1855, Chancellor Williams decreed in favor of the complainants, from which defendants appealed. The only question arising in this case is, whether there was a hiring from witness, Eobert Saunders, of negro woman Mary, or whether it was a loan of the property?

FROM HAYWOOD. The plaintiff was administrator de bonis non of one Jonas Quinby, who died intestate in the county of Haywood, in 1851. The former administrator was Willie Cherry, who died intestate in said county, in the fail of 1852. The latter in his life time, as administrator of the estate of said Quinby, had collected $112 50, in money, belonging to said estate, which was unaccounted for.

FROM BENTON. This is an appeal in error from a judgment of Judge Fitzgerald, in the circuit court of Benton, at September term, 1853, overruling a motion to quash an execution.

FROM GIBSON. This bill was filed in the chancery court, at Trenton, by the complainant as a creditor, to enforce his right of redemption in a tract of land sold by a decree of the chancery court. The land had been sold by a decree in favor of a judgment creditor, as an equitable estate of the debtor, and on a credit of twelve months.

FROM HENDERSON. - This action of unlawful detainer, brought by eertio-rari from a justice’s court, in Henderson county, into the circuit court of said county, was submitted to a ' jury before Read, judge, at the July term, 1854, and resulted in a verdict and judgment for the plaintiff, from which the defendant appealed in error to this court.

FROM DYER. This action of ejectment was submitted to a jury of Dyer county, at the February term, 1855, of the circuit court of said county, upon the facts given in the opinion, and resulted in a verdict and judgment for the defendants, Read, judge, presiding. The plaintiff appealed in error.

FROM HENDERSON. This is a case of contested election for constable from the circuit court of Henderson. At November term, 1854, there was judgment, by Head, judge, upon the facts stated in the opinion, in favor of defendant, reversing the action of the county court. The contestant appealed in error.

FROM OBION. This action of ejectment was instituted in the circuit court of Obion, in February, 1849. At June term, 1854, there was verdict and judgment for the defendant, Fitzgerald, judge, presiding, from which the plaintiff appealed in error to this court.

FROM GIBSON. An action of debt was instituted in the circuit court of Gibson county, by Jacob Carroll against J. B. Ed-mondson, as administrator, with the will annexed, of J. C. Hunter, dec’d. The will of said Hunter had been proven in common form, and the representative duly qualified as such. After issue joined upon the ordinary plea, the will was certified to the circuit court to be tried upon an issue devisavit vel non.

PROM OBION. This is ejectment from the circuit court of Obion. At June term, 1854, before Fitzgerald, judge, there was verdict and judgment for the defendants. The plaintiffs appealed in error to this court.

FROM GIBSON. This action of ejectment, instituted by the defendant in error, against the plaintiff in error, in the circuit court of Gibson county, was submitted to a jury before ■Fitzgerald, judge, at the July term, 1852, and resulted in a verdict and judgment for the plaintiff below, from which the defendant appealed. .

FEOM MADISON. The plaintiff brought its action of assumpsit, in the circuit court of Madison county, in September, 1854, against the defendants, as endorsers of a promissory note drawn by John Ingram, deceased. At the return term there was judgment by default taken against the defendants, who at the next succeeding term, January, 1855, had the same set aside upon affidavit, showing reasons for their non-appearance satisfactory to the court.

FROM GIBSON. These bills and cross bills were filed in the chancery court, at Trenton, upon the facts indicated in the above synopsis, and felly given in the opinion. At January term, 1855, Chancellor Williams, decreed in favor of the heirs of Hodge, from which the heirs of Wilkins appealed,

FROM KNOX. This was a motion in the circuit court of Knox county, to correct a taxation of costs. The plaintiffs in error were securities on a bond for costs given by one John Rhodes and wife, the contestants of a will, for the prosecution of their suit.

EROM KNOX. Tbe complainant cuit court of Knox, filed her bill of divorce in the cir-complaining of certain alleged cruel treatment by tbe defendant, her husband, and praying for a divorce a vinculo, and alimony. The answer denies many of the specifications in the bill, and admits others, which it seeks to explain, and resists the application for divorce.