Volume 37 — Tennessee Reports

EROM LINCOLN. This bill was filed in the Chancery Court at Fay-etteville, to attach the partnership effects of L. E. & Epps Tucker, which had been assigned in trust to James M. Davidson, by one of the members of said firm, to secure certain creditors. It seems that L. E. & Epps Tucker were merchants and partners, and that the deed of assignment was executed by the former in the absence of the latter, and signed and sealed by him alone.

FROM DAVIDSON. The complainant filed this bill in the Chancery Court at Nashville, for a settlement of partnership accounts between himself and the defendant, with whom he claims to have been a secret partner in the business of druggist. The facts are fully given in the opinion. At the November Term, 185T, Chancellor FRIERSON rendered a decree for the complainant. The defendant appealed.

EROM DICKSON. This bill was filed in Chancery at Charlotte, for the purposes stated in the opinion. At the May Term, 1857, Chancellor Emerson gave a decree for the defendants. The complainant appealed.

EROM LINCOLN. The complainant, by ber next friend, filed this bill in the Chancery Court of Fayetteville, to have the marriage with the defendant declared void, on the ground that she was incapable of making said contract from insanity of mind. At the August Term, 1857, Chancellor Ridley dismissed the bill. The complainant appealed.

EROM DAVIDSON. This was a conviction of grand larceny, at the April Term, 1857, of the Criminal Court of Davidson, before Judge Turner. The prisoner moved in arrest of judgment, and for a new trial, wbicb being refused, be appealed in error.

EROM DEKALB. The defendant was indicted in the Circuit Court of DeKalb county, for extortion, in demanding, as constable, a levying fee of one dollar. The offense is alleged to have been committed on the 23d of April, 1857. At the August Term, 1857, Judge Goodall sustained the defendant’s demurrer to the indictment, from which Attorney General Williams appealed in error.

<p>PROM MAURY.</p> <p>This bill was filed in the Chancery Court at Columbia. At the December Term, 1857, Chancellor Ridley decreed for the complainants. The defendants appealed.</p>

<p>EROM MONTGOMERY.</p> <p>This case is from the Chancery Court at Clarksville. At the April Term, 1857, Chancellor Erierson dismissed the bill. The complainant appealed.</p>

FROM BEDFORD. This case is from the Chancery Court at Shelhyville. At the August Term, 1857, Chancellor Ridley rendered a decree for the defendants, from which the complainant appealed.

<p>EROM GILES.</p> <p>' This case is from the Chancery Court of Pulaski. At the March Term, 1857, Chancellor ERIERSON gaye a decree for the complainants. The defendants appealed.</p>

EROM GILES. This bill was filed in the Chancery Court at Pulaski, to obtain, among other things, a construction of a deed of trust, executed by the defendant, Ananias Pitts, for the indemnity of certain securities, and the security of certain creditors. At the September Term, 1857, Chancellor Frierson rendered a decree, declaring the rights of the parties; from which Gr. W. Pitts appealed.

■FROM BEDFORD. This case is from the Circuit Court of Bedford. At the August Term, 1857, Judge DavidsoN gave judgment for the defendant. The plaintiffs appealed in error.

FROM WILSON. This issue devisavit vel non is from the Circuit Court of Wilson county. At the January Term, 1857, before Judge Davidson, verdict and judgment were for the contestants. The executor appealed in error.

FROM WILS0N. This bill was filed in the Chancery Court at Lebanon, for the purposes stated in the opinion. At the July Term, 1857, Chancellor Ridley dismissed the bill. The complainant appealed.

EROM OVERTON. This action of ejectment is from the Circuit Court of Overton county. At the October Term, 1857, before Judge GrOODALL, verdict and judgment were for the defendants. The plaintiff appealed in error.

PROM OVERTON. This action for malicious prosecution is from tbe Circuit Court of Overton county. At tbe June Term, 1857, before Judge Goodall, verdict and judgment were for tbe plaintiff. Tbe defendant appealed in error.

EROM CANNON. This case, which originated before a Justice of the Peace, is from the Circuit Court of Cannon county. At the February Term, 1857, Judge Davidson gave judgment quashing the warrant. The plaintiff appealed in error'.

PROM DEKALB. This case is from the Circuit Court of DeKalb county. At the August Term, 1857, before Judge Goodall, verdict and judgment -were for the defendant. The plaintiffs appealed in error.

FROM BEDFORD. This action of covenant is from the Circuit Court of Bed-ford county. At the August Term, 1857, before Judge Davidson, verdict and judgment were for the defendant. The plaintiff appealed in error.

<p>Will. Construction. Executory Devise. Where the testator by Ms will left Ms entire estate real and personal to Ms wife during lier life with remainder to Ms eleven cMldren equally, and by a codicil vested the share, whatever it might be, of seven of said cMldren in three of his sons, in trust to be managed for them after the death of the widow, and provided that in the event of either of said eleven children dying without an heir of his or her body, that all of Ms or her share shall return to his estate, and be equally divided among those that may be living; it is held that the effect of said codicil was to give a present vested interest with an executory devise over upon the happening of the contingency named, and that upon the death, pending the life-estate of one of said seven children, leaving no children, his share would be subject to pass in the ordinary course of descent to his representatives, real and personal, and upon the falling in of the life-estate would be subject to his creditors.</p>

<p>BROM OOEEEE.</p> <p>■ This bill Avas filed in Chancery at Manchester. At the August Term, 1857, Chancellor Ridley dismissed the bill. The complainants appealed.</p>

EROM RUTHEREORD. This case is from tbe Chancery Court at Murfrees-boro’. At the October Term, 1857, Chancellor Ridley rendered a decree for the complainant. The defendants appealed.

EROM SUMNER. This action was brought by Miers in the Circuit Court of Sumner, for the sum of $1600 00, the amount agreed to be paid bj tbe plaintiff in error, on the destruction of a dwelling-house, in the town of Gallatin, by fire. At the October Term, 1857, before Judge TurNEE, verdict and judgment were for the plaintiff.

<p>EROM EENTRESS.</p> <p>This case is from tbe Chancery Court at Jamestown. At tbe April Term 1857, Chancellor Van Dyke rendered a decree for the complainant. Tbe defendants appealed.</p>

PROM DAVIDSON. This is an action on the the Circuit Court of Davidson. case for seduction from At the May Term, 1857, before Judge Baxter, verdict and judgment were ' for the defendant. The plaintiff appealed in error.

EROM DAVIDSOH. This bill was filed in Chancery at Nashville, to obtain a new trial in a suit at law. There was a demurrer to the bill, which at the November Term, 1857, was sustained by Chancellor Eriersoh. The complainants appealed.

PROM LINCOLN. This is an action of debt from the Circuit Court of Lincoln county. At the November Term, 1857, before Judge Marchbanks, verdict and judgment were for the defendants. The plaintiff appealed in error.

FROM DAVIDSON. This is an action of trover from Oircnit Court of Davidson. At the January Term, 1857, before Judge Baxtee, verdict and judgment -were for the plaintiff. The defendant appealed in error.

ER0M JACKSON. This is an action of debt from the Gircuit Court of Jackson county. At the June Special Term, 1857, before Judge Goodall, there was verdict and a judgment thereon for the plaintiff. The defendant appealed in error.

PROM DAVIDSON. This is an action of debt from the Circuit Court of Davidson. At the May Term, 1857, before Judge BAXTER, verdict and judgment were for the defendant. The plaintiff appealed in error.

EROM MARSHALL. ' This is an action of debt from the Circuit Court of Marshall county. At the October. Term, 1857, before Judge MartiN, verdict and judgment were for the plaintiff. The defendants appealed in error.

FROM DAVIDSON. By tbe third section of tbe act of 1856, cb. 243, it is provided that tbe portion of tbe county revenue of tbe county of Davidson, collected by tbe clerk of tbe County Court from privileges exercised in tbe limits of tbe city of Nashville, shall be paid over to tbe treasurer of said city, instead of tbe county trustee; and that tbe clerk of tbe County Court and bis securities shall be liable to a motion in tbe name of tbe corporation therefor, on failure to…

PROM SMITH . This was a proceeding instituted in the County Court of Smith, on the petition of the defendant in error, Debow, to have one acre of land, belonging to Towson condemned for a mill site. The County Court having rendered judgment of condemnation, Towson appealed to the Circuit Court.

EROM DAVIDSON. This is an action of debt from the Circuit Court of Davidson. At the May Term, 1857, before Judge BAXTER, the plaintiff, Hicks, recovered a verdict and judgment. The defendant appealed in error.

EROM JACKSON. This is an. action of debt from the Circuit Court of Jackson county. At the June Special Term, 1857, before Judge Goodall, there was a verdict for the plaintiff, upon which the Court rendered judgment. The defendant appealed in error.

FROM CORREE. This was a motion against the Sheriff of Coffee and his sureties, for an insufficient return. At the October Term, 1857, Judge MaRCHBAnks rendered judgment disallowing the motion, from' which the plaintiffs appealed in error.

FROM MONTGOMERY. This was an action of debt from the Circuit Court of Montgomery county. At the September Term, 1857, before Judge Pepper, verdict and judgment were for the plaintiff. The defendants by writ of error brought the cause into this Court.

EROM DEKALB», This was a proceeding by the plaintiff to recover a pro rata allowance of a claim ' against the estate of Wm. Roberson, deceased, the insolvency of which had been suggested by the defendant as administrator, in the County Court of DeKalb county.

FROM MONTGOMERY. This was an action of trespass quare clausum, fregit, from the Circuit Court of Montgomery, involving the question of title. At the September Term, 1856, before Judge Pepper, there was a verdict, and a judgment thereon for the plaintiffs. The defendant appealed in error.

EROM ERANKLIN. Tbis is a proceeding from tbe Chancery Court at Winchester, in which certain lost papers were supplied by affidavit of the defendant, as to their contents, as is fully set forth in the opinion of the Court. At the February Term, 1857, Chancellor Ridley, rendered a decree for the defendant. The complainant brought the cause by writ of error into this Court.

FROM DEKALB. This was a proceeding by certiorari in the Circuit Court of HeKalb county, to quash an execution issued against the plaintiff in error as stayor of a judgment against one Isaac T. Chrisman. In his petition, which was sworn to, he , alleges that he had given to the justice of the peace no authority to enter his name as stayor. This petition he offered to read in evidence to the jury, which judge G-o'odall disallowed.

FROM rutherford. This bill was filed in tbe Chancery Court at Mur-freesboro’ for the purposes fully stated in the opinion. At the October Term, 1857, Chancellor Ridley gave a decree for the complainants, from which the defendants appealed. He cited Graddoch vs. Oabiness, 1 Swan, 482; 2 Story’s Ecp, § 1111. For an advancement to operate as an ademption of a legacy, the advancement must be ejusdum generis.

FROM WARREN. This was an action of trover from tbe Circuit Court of Warren county. One W. E. Nunnelly contracted with one Cathcart' for the purchase of a yoke of oxen at the price of sixty dollars, for-which he agreed to give his note at six months, with George Harrison, the plaintiff in error, as security.

FROM WARRBN. This case is from tbe Chancery Court at McMinn-ville. At tbe September Term, 1857, Chancellor Rid-ley gave a decree for tbe complainant., Tbe defendant appealed.

EROM SUMNER. This was a bill for divorce and alimony, filed in tbe Circuit Court at Gallatin. At the February Term, 1857, Judge Turner rendered a decree dissolving tbe bonds' of matrimony, and setting apart the sum of $2700 as the wife’s allowance. To reverse this latter portion of the decree, the cause is brought by writ of error into this Court. The substance of the decree is given in the opinion of the Court.

EROM COEEEE. This is an action of debt from tbe Circuit Court of Coffee county. Tbe action was brought on tbe 6th of January, 1857, upon tbe following instrument: “I promise to pay James D. Smith, sixty dollars, for yalue received, when James Buchanan beats Millard Eillmore twenty-one hundred votes in Tennessee, for President of the United States in the year 1856.

EROM WARREN. This action of replevin is from tbe Circuit Court of Warren. At tbe October Term, 1857, before Judge MaechbaNKS, verdict and judgment were for tbe defendant. Tbe plaintiffs appealed in error..

EROM LINCOLN. The defendant was convicted and fined in the Circuit .Court of Lincoln, for the offense of forcible entry and detainer. The Attorney General moved for a writ of restitution, to ' place the prosecutor in possession of the premises. At the March Term, 1857, Judge Maech-banks gave judgment disallowing the motion. The Attorney General- appealed in error.

EROM DAVIDSON. This action of trover is from the Circuit Court of Davidson. At the September Term, 3857, before Judge Baxter, verdict and judgment were for the defendant. The plaintiff appealed in error.

PROM DAVIDSON. This is a hill of interpleader, filed in the Chancery Court at Nashville. . The facts are fully set forth in the opinion. At the November Term, 18.57, Chancellor FRIERSON rendered a decree in favor of the defendant, G-oram, from which the defendant, Hamilton, appealed.

EROM DAVIDSON. This -was a motion before the Criminal Court of Davidson by the defendant in error, against the plaintiff in error, as clerk of said Court, and his surety, for certain fees of office collected by said clerk for the defendant in error, as sheriff of Davidson. At the April Term, 1857, Judge Tuener rendered judgment against the clerk and his surety, and the case is brought by writ of error into this Court.

FROM MONTGOMERY. This bill was filed in Chancery at Clarksville, by the next friend of the complainant to set aside a deed of gift of certain property, executed by the complainant to the defendant. The facts are fully given in the opinion of the Court. At the April. Term, 1857, Chancellor Ridley, dismissed the hill. The complainant appealed.

EROM SHELBY. This action was brought by the defendant in error, to recover damages for the killing of certain stock by being run over by the railroad train of the plaintiff in error. At the September Term, 1857, of the Circuit Court of Shelby, before Judge Humphreys, verdict and judgment were for the plaintiff, Dean. The defendant appealed in error. .

EROM GIBSON. This action of debt is from the Circuit Court of Gribson county. At the November Term, 1857, before Judge Fitzgerald, verdict and judgment were for the defendant. The plaintiff appealed in error.

PROM SHELBY, In the case of David, Phister against William M. James and others, in the Chancery Court at Memphis, certain real estate was sold. by a decree of said Court, of which Michael Eagan became the purchaser. He executed his notes to the clerk and master for said purchase money, and upon the maturity thereof, at June Term, 1857, without notice to said Eagan, Chancellor Caruthers, upon motion, rendered judgment against him and his sureties upon the notes.

FROM OBION. This action of ejectment is from tbe Circuit Court of Obion county. Tbe facts are very fully set forth in tbe opinion of tbe Court. At tbe June Term, 1856, before Judge Fitzgerald, verdict and judgment were for tbe plaintiffs. Tbe defendants appealed in error to tbe April Term, 1857, of this Court, when tbe cause was argued, but continued upon advisement until the present term.

EROM TIPTOE. This action of ejectment is from the Circuit Court of Tipton county. At the September Term, 1857, before Judge HUMPHREYS, verdict and judgment were for the plaintiff. The defendants appealed in error.

<p>1. Statute on? Limitations. Gift of slave. Adverse possession. Act of 1831, ch. 90, | 12. Since the act of 1831, ch. 90, $ 12, a gift of slayes, not in writing, is utterly void, and of no effect whatever, even between the parties. But if a gift, though by parol, be established, the possession of the donee would be taken to be in conformity to it and adverse to the donor, and such possession for three years would ripen into a perfect title.</p> <p>2. Same. Same. Same. Case in judgment. Evidence. If a father merely transmit to his daughter the use and possession of a slave, without verbal or written explanation of the transaction, who, with her husband, retains the possession for a. period of three years, it devolves upon them, if they assert a title by lapse of time, to show that said slave was claimed by them adversely, for the period named, and that such adverse claim was known to the father.</p> <p>3. Oases Cited. Neely vs. Wood, 10 Yerg., 486; Wheaton vs. Weld, 9 Humph., 773.</p>

FROM TERRY. This is an action of ejectment from the Circuit Court of Perry county. At .the October Term, 1857, before Judge Walker, verdict and judgment were for the plaintiff. The defendant appealed in error.

EROM CARROLL. This case is from the Chancery Court at Hunting-don. At the August Term, 1857, Chancellor Pavatt gave a decree dismissing the hill. The complainant appealed.

EROM HAYWOOD. This action of assumpsit is from the Circuit Court of Haywood county. At the March Term, 1858, before Judge Read, verdict and judgment were for tire plaintiff. The defendants appealed in error.

FROM OBION. This is an action of ejectment from the Circuit Court of Obion. At the June Term, 1856, before Judge Fitzgerald, verdict and judgment were for the plaintiff. The defendant appealed in error.

EROM BENTON. This is an action of debt from the Circuit, Court of Benton county. At the January Term, 1858, • before Judge Fitzgerald, verdict and ■ judgment were for the plaintiff. The defendant appealed in error.

EROM SHELBY. The prisoner was convicted before Judge MoKiernan, at the October Term, 1857, of the Criminal Court of Memphis, of the offense of passing counterfeit money, and adjudged to confinement in the penitentiary for three years. He appealed in 'error.

EROM HENRY. This is an action of trover, from tbe Circuit Conrt of Henry county. At tbe May Term, 1857, before Judge Fitzgerald, verdict and judgment were for tbe defendant. Tbe plaintiffs appealed in error.

FROM I-IENRT. This is an aetion of debt from the Circuit Court of Henry county. The defendant in error, Cowan, brought suit against Boothe before a justice of the peace, to recover a certain sum of money demanded, to which Boothe offered a larger claim as set-off, and had judgment for the amount thereof, less the amount of Cow-an’s claim.

EROM WEAKLEY. The plaintiff in error was indicted in the Circuit Court of Weakley, for betting on the last presidential election. At the June Term, 1857, before Judge Fitzgerald, he was convicted and fined. He appealed in error.

EROM TIPTON. The prisoner was convicted of manslaughter in the Circuit Court of Tipton, at the January Term, 1858, upon which Judge Humphreys pronounced judgment against bim. He appealed in error. The errors assigned are fully stated in tbe opinion of the Court.

BROM SHELBY. This is a suit commenced by attachment, from the Common Law Court of Memphis. At the March Term, 1858, Judge Caruthers gave a judgment for the plaintiff. The defendant appealed in error.

PROM SHELBY. This was an action on the case in the Circuit Court of Sbelby, against Branch and others, for the abduction of two of the plaiantiff’s minor daughters, and the concealment of them for one month. At the January Term, ■ 1858, before Judge Humphreys, the jury rendered a verdict for the plaintiff, assessing his damages at twenty thousand dollars, the whole amount claimed in the writ and declaration.

EROM SHELBY. Tbe defendant recovered a judgment before a justice of tbe peace of Tipton county, on tbe 20tb day of May, 1854, against' - James H. Cocbrill, for one hundred and forty-three dollars and thirty cents, upon which execution was issued. The plaintiffs, citizens of Shelby county, having bought of said Cocbrill certain slaves, went to the county of Tipton on the 20th June, 1854, to secure and bring away said slaves.

ERO SI GIBSON. This action of assumpsit, is from the Circuit Court of .Gibson county. At the November Term, 1857, before Judge Eitzo-ERALD, verdict and judgment were for the plaintiffs. The defendant appealed in error.

EROM MADISON. In the Circuit Court of Madison, upon the petition of Samuel Epperson et al. ex parte, certain lands belonging to said parties were decreed to be sold for partition, and were sold, the plaintiff in error becoming the purchaser thereof, and executing his note for the same, payable to John L. Brown, • the then clerk of said Court, and his successors in office, for the use of the petitioners.

EROM OBION. This is an issue devisavit vel non, from the Oircuit Court of Obion county. At the October Term, 1857, before Judge Eitzgerald, verdict and judgment were against the will. The plaintiffs appealed in error.

PROM SHELBY. This is a proceeding by attachment from the Circuit Court of Shelby county, to enforce a' lien ■ upon the steamer “James Laughlin,” owned by the plaintiffs in error, for certain boat stores and provisions furnished said boat by the defendant in error. At the September Term, 1857, before Judge HUMPHREYS, verdict and judgment were for the plaintiff below, from which the defendants appealed in error.

FROM MADISON. This case is from the Chancery Court at Jackson. The complainants seek to recover certain slaves, which they claim under the will of their grandfather, Ezekiel McCoy. By the will of said McCoy, the slaves in controversy were bequeathed to the mother of complainants for life, with remainder to them. In 1840, and pending the life estate, ■ the father of complainants sold and delivered said slaves to the father of the defendants.

EROM HENRY. This case is from the Chancery Court at Paris. The complainants were non-residents and three of them were minors. They were tenants in common with the defendant of a lot in the town of Paris. On the 6th of June, 1856, the defendant filed a petition in the Chancery Court at Paris, for a sale of said lot for partition. The complainants were made parties defendant to said petition, by publication, and a guardian ad litem, was appointed for the minors.

PROM GIBSON. This action of replevin is. from the Circuit Court of Gibson county. At the November Term, 1857, before Juge 'Pitz&ERALD ; verdict and judgment -were for the plaintiff. The defendant appealed in error.

EROM haywood. This was a proceeding by scire facias in the Circuit Court of Haywood, to recover the amount of a forfeited recognizance entered into in said Court by Hance R. Quinby and the defendant, as surety, in the sum of $5000 00, for the appearance of the former to answer to an indictment for murder. The recognizance is quoted in full in the opinion.

PROM HENRY. The complainant filed ber bill for divorce and alimony-in the Chancery ' Court at Paris, alleging as the ground thereof, that her husband, the defendant, had been convicted of forgery in the State of Kentucky, and was, at the time of the filing of - the bill, confined in the penitentiary of said State, for said crime. At the July Term, 1857, Chancellor Williams dismissed the bill. The complainant appealed.

EBOM SHELBY. This action on the case is from the Common Law Court of Memphis. At the November Term, 1867, before Judge Cabuthebs, verdp-t and judgment were for the plaintiffs. The defendant appealed in error.

EROM GIBSON. This cause was transferred from the Chancery Court at Trenton, at its January Term, 1857, to this Court, after a continuance of two terms, on account of the incompetency of Chancellor Williams, under the act of 1829, ch. —.

FROM MADISON. This case is from the Chancery Court at Jackson. At the February Term, 1858, Chancellor Williams sustained a demurrer to the bill, and the same was dismissed. The complainants appealed.

EROM WEAKLEY. The plaintiff in error was indicted in the Circuit Court of Weakley county, for the offense of betting on elections. At the June Term, 1857, before Judge Fitzgerald, he was convicted and fined. He appealed in error.

EROM HAYWOOD. This case is from the Circuit Court of ITaywood county. At the July Term, 1857, before Judge Read, verdict and judgment were for the defendants. The plaintiff appealed in error.

EROM SHELBY. This action on the case is from the Common Law Court of Memphis. At the November Term, 1857, before Judge Caruthbrs verdict, and judgment were for the plaintiff. The defendants appealed in error.

<p>1- HusbAND akd Wims. Wife’s equity. Settlement by husband. Chancery jurisdiction. Tlie husband can make a valid settlement upon the wife of tlie wife’s distributive share of her father’s estate, before the same is reduced to possession, and a Court of Equity will enforce it as such, in the absence of any indebtedness of the husband at the date of the deed.</p> <p>2. Same. Wife’s trust estate. Sow sold. Same. Same. "Where property is settled upon a trustee for the benefit of the wife, it cannot be sold by the trustee and the wife, for any purpose not expressly authorized by the deed, without the intervention of a Court of Equity.</p> <p>3. Same. Case in judgment. Compounding Crime. In a bill filed by a feme covert and her children, to recover a slave, it appeared that after the death of her father intestate, and before his estate was divided, her husband and herself, by deed of settlement, vested her interest in said estate in a trustee, for her benefit during life, with remainder to her children, with power to sell any of said property for reinvestment with her sanction, and to change the trustee when desirable. That in the division of her father’s estate, the slave in controversy was allotted to her, and afterwards her husband being under a prosecution for felony, they employed the defendant to assist in obtaining his release, for which he was to be paid one hundred dollars; and upon paying the sum of two hundred and fifty dollars, the prosecutor agreed to abandon the prosecution and release the husband, which was done, the defendant advancing the money, and talcing a bill of sale for the slave in controversy, as consideration for said services and advance; that said bill of sale was signed by the husband, he being then trustee, and by the wife and her three oldest children, only one of whom was of lawful age, and the slave delivered to the defendant; that pending this litigation the wife departed this life ; and it is held that the defendant’s title is void in toto, on account of his participation in the act of compounding said felony; that the adult child had parted with his right, by signing the bill of sale, and should be held to it, and that the slave belonged to the remaining children, to whom it was decreed accordingly.</p>

FROM GIBSON. This is an action of trespass vi et armis, from the Circuit Court of Gibson county. At the November Term, 1857, before Judge Fitzgerald, verdict and judgment were for the plaintiff. The defendants appealed in error.

<p>Land Warrant. For military services. Assignment. Chancery jurisdiction. The act of Congress of 1850, giving certain soldiers and officers bounty land, in consideration of services rendered, makes all assignments or obligations for the transfer thereof, made before the warrant issues, absolutely null and void. A Court of Chancery, therefore, cannot entertain a bill for specific performance of a contract for the assignment of a land warrant to be issued under said act, made before the issuance thereof.</p>

EROM BL0UNT. This • bill was filed in the Chancery Court at Mary-ville, to impeach and avoid a decree formerly pronounced in said Court, by which the property in controversy was decreed to the defendant, Eli Nunn. The facts are sufficiently, stated in the opinion of the Court. At the November Term, 1857, Chancellor VAN Dyke rendered a decree for the complainants. The defendants appealed.

EROM ROANE. This action of debt is from the Circuit Court of Koane county. At tbe November Term, 1857, before Judge Turley, verdict and judgment were for the defendant. The plaintiffs appealed in error.

FROM CAMPBELL. This bill was filed in Chancery at Jacksboro’, for •the' purposes stated in the opinion. At the June Term, =1858, Chancellor Lucky rendered a decree for the ■defendants. -The complainant appealed.

FROM HAMILTON. This is an action of ejectment, from the Circuit Court of Hamilton county. At the July Term, 1858, before Judge Gaut, verdict and judgment were for the defendant. The plaintiff appealed in error.

FROM KNOX. Tbe administrator of Daniel McCallum filed an insolvent bill in tbe Chancery Court at Knoxville, for tbe administration of said estate, and an order was made at tbe October Term, 1852, directing tbe creditors to file tbeir claims with the master.

PROM KNOX. The defendant, a person of foreign birth, was indicted in the Circuit Court of Knox county, for illegal voting. It seems that the defendant voted in the presidential election of 1856, having been at that time an inhabitant of Knox county, for six months next preceding said election; but having perfected his naturalization only a few days before said election. At the June Term, 1857, Hon. W. Gr.

EROM BLOUNT. This hill was filed in the Chancery Court at Mary-ville. The complainant had a judgment at law against one John Keys, upon which execution was issued and levied upon a tract of land, which was sold by the sheriff, and purchased by the complainant.

FROM MARION. This hill was filed in Chancery, at Jasper, for the purposes stated in- the opinion. At the September Term, 1858, Chancellor Van Dyke gave a decree for defendant, dismissing the bill. The complainant appealed.

EROM KNOX. The prisoner was convicted before Judge WelckeR, at the February Term, 1858, of the Circuit Court of Knox county, of the offense of fraudulently having in possession a counterfeit hank note of the Bank of Tennessee. He was sentenced to three years’ confinement in the penitentiary, from which he appealed in error.

EROM HAMUTOfT. This was an indictment and conviction from the Circuit Court of Hamilton county, against the defendant, for maliciously drawing a bowie-knife, from a place of concealment about his person, with intent to awe and intimidate one Sterling T. Bacon. Another count in the indictment charges, that the weapon was drawn with intent to cut and stab said Sterling T. Bacon.

EROM CLAIBORNE, The complainant filed her bill for divorce and alimony, in the Circuit Court at Tazewell, on the 8th of October, 1858. She alleges adultery, and other maltreatment by the defendant, as the ground of divorce.

EROM JEEEERSON. This bill was filed in the Chancery Court at Dan-dridge, on the 21st of December, 1857, to enjoin the collection. of certain judgments on notes givén by the complainant, in the purchase of real estate, on the ground of defective title.

EROM KNOX. This was an indictment in the Circuit Court of Knox county, for unlawful gaming. At the June Term, 1857, before Judge Swan, the defendant was convicted and fined. He appealed in error.

PROM KNOX. The plaintiff in error' was convicted before Judge Jones, tbe County Judge of Knox county, at the June Term, 1858, of said County Court, of the unlawful sale of spirituous liquors. He appealed in error to this Court, and alleges here, that said office of County Judge had no legal existence, and that the proceedings upon his trial and conviction were therefore coram non judiee and void.

PROM CAMPBELL. The plaintiff, a citizen of Campbell county, prayed an appeal from an order of tbe County Court of said county, for tbe building of a court bouse. Tbe appeal was denied bim, and be brought tbe matter by certio-rari before tbe Circuit Court of said county. At tbe August Term, 1858, Judge TuRLEY dismissed tbe petition. Tbe plaintiff appealed in error.

EROM CLAIBORNE. This was an- indictment in the Circuit Court of Claiborne county, for disturbing public worship. It seems that - a congregation of Methodists had assembled for religious services, after the close of which, the church authorities convened for the trial of the defendant, as a member of said church, upon certain charges of “ evil speaking,” which had been preferred against him.

EROM JEEEERSON. This bill was filed in the Chancery Court at Dan-dridge, for the purposes stated in the opinion. At the December Term, 1856, Chancellor Lucky gave a decree for the defendant, Morgan, from which the complainant appealed.

FROM M’MIOTT. This was an action on the case in the Circuit Court of McMinn, against the East Tennessee and Georgia Railroad Company, for negligently hilling a slave of the plaintiff. The accident occurred prior to the passage of the act of 1856, ch. 94.

EROM GREENE. This 'case is from tbe Chancery Court at Grreeneville. At the May Term, 1857, Chancellor Lucky gave a decree for the defendants, from which the complainant appealed.

FROM MORGAN. This is an action of debt by the payees, against the makers of a promissory note, from the Circuit Court of Morgan county. The writ was returnable to the July Term, 1857, at which time the plaintiffs filed their declaration; but the Judge failing to attend for that term, and the clerk adjourned it according to law, to the next regular term, November, 1857.

EROM BLOUNT. This bill was filed in Chancery at Maryville, to rescind a contract for the sale of a slave upon the ground of unsoundness; that said unsoundness was known to the vendor, and fraudulently concealed by bim; and to have tbe purchase money refunded.

EROM GRAINGER. This bill was filed in Chancery at Rutledge for the purposes stated in the opinion. At the .December Term, 1857, Chancellor Lucky gave a decree for the complainr ant, from which the defendants appealed.

FROM CLAIBORNE. This case is from tbe Chancery Court at Tazewell. The complainant sold to the defendant a tract of land upon a yerbal sale, and put him in possession. The defendant soon after sued for and recovered the purchase money, which he had paid, and having bought from a third party a perfect title to the land, continued in possession.

EROM SULLIVAN. The complainant filed her hill for divorce and alimony, in the Circuit Court of Sullivan county. At the November Term, 185T, Judge Patterson, gave a decree dissolving the marriage, but refusing alimony, other than an allowance to pay her lawyers’ fees. The defendant appealed from that part of the decree granting a divorce, and the complainant from that part by which the alimony was disallowed.

FROM BLEDSOE. This was an action of detinue, from the Circuit ,Court of Bledsoe county, -brought by Gott against Goff to recover a horse.

FROM SULLIVAN. This action of debt is from the Circuit Court of Sullivan county. At the July Term, 1858, before Judge Welckee, verdict and judgment were for the defendant. The plaintiff appealed in error.

EROM KNOX. This was an application in this Court by the ATTORNEY General, for a writ of scire facias against the Bank of East Tennessee, to show cause against the abrogation of its charter, for alleged violations thereof. The proceeding was in obedience to a joint resolution of the General Assembly, adopted during the session of 1857 — 8. The motion was disallowed. cited the act of 1848, ch. 60, the defendant’s charter.

EROM HAMILTON. This was an indictment against the corporation of Chattanooga, for failing to keep a public street in proper repair. At the November Term, 1857, before Judge Gaut, verdict and judgment were for the State. The defendant appealed, in error.

EROM SÜLLIVAN. This is an action on tbe case from tbe Circuit Court of Sullivan, for tbe seduction of Elizabeth Ann Williams, the daughter of tbe plaintiff. There was a verdict for tbe plaintiff, and judgment thereon, bj Judge Patterson. The defendant appealed in error.

EROM BLOUNT. This case is from the Chancery Court at Maryville. The facts are sufficiently recited in the opinion. At the May Term, 1858, Chancellor VAN Dyee rendered a decree for the complainant, from which the defendant appealed.

PROM ROANE. This was an indictment in tbe Circuit Court of Roane county, for illegal voting. At tbe February Term, 1858, before Judge WeloKer, tbe defendant was convicted and fined. He appealed in error.

KROM KNOX. Abraham Schwab, the plaintiff below, brought this action of replevin in the Circuit Court of Knox, for a quantity of goods, wares, and merchandise in the possession of the defendant, Bounds. The defendant justified under an attachment which had been issued at the suit of Cowan & Dickinson against one E. Haus-man, and which had come to his hands as a constable of Knox county.

PROM COCKE. This was an action of trespass commenced before a justice of the peace of Cocke county, ’ for damages to the plaintiff’s land by overflowing it with water. The judgment of the justice was for the defendant, from which the plaintiff appealed to the Circuit Court. At the December Term, 1857, before Judge Turley, verdict and judgment were for the plaintiff. The defendant appealed in error.

EROM ANDERSON. This was a proceeding by writ of error coram nolis in tbe Circuit Court of Anderson, upon tbe facts fully given in tbe opinion. At tbe July Term, 1858, before Judge Patterson, verdict and judgment -were for the petitioners, from which Attorney General McApoo, on behalf of the State, appealed in error..

EROM GREENE. This action of assumpsit is from the Circuit Court of Greene county. , At the October Term, 1857, before Judge Patterson, verdict and judgment were for the plaintiff.- The defendants appealed in error.

FROM CAMPBELL. This was a motion in tbe Circuit Court of Campbell county, against William Warner, tbe sheriff of said county, and his sureties, for the State revenue of 1857, collected by said sheriff, and which he failed to pay-over. At the August Term, 1858, Judge Tueley gave judgment for the State, for the sum of $1545 69, from which the sureties appealed in error.

FROM KNOX. The defendant was indicted in the Circuit Court of Knox county, for keeping a billiard table “without a license.” At the October Term, 1857, Judge WelckeR, quashed the indictment, from which Attorney General McAdoo, on behalf of the State, appealed.

EROM KNOX. This action of assumpsit is from the Circuit Court of Knox county. At the October Term, 1857, before Judge Turley, verdict and judgment were for the plaintiff. The defendant appealed in error.

FROM WASHINGTON. This was an action of trespass quare clausum fregit from tbe Circuit Court of Washington county. At tbe February Term, 1858, before Judge Patterson, verdict and judgment were for tbe plaintiff. Tbe defendant appealed in error.

EROM JEEEERSON. This action of debt is from the Circuit Court of Jefferson county. At the December Term, 1857,, before Judge Weloker, verdict and judgment were for the plaintiffs, from which the defendant appealed in error.

EROM HAMILTON. This case is from the Circuit Court of Hamilton county. At the June Term, 1858, before Judge Gaut, verdict and judgment were for the defendant. The plaintiff appealed in error.

EROM ANDERSON. Tbe defendant, a constable of Anderson county, was indicted in tbe Circuit Court of said county for “wilfully, unlawfully, and corruptly,” returning a warrant in trespass, contrary to the requirements of the act of 1835, ch. 17, § 9. At the July Term, 1858, Judge PatteR-SON gave judgment quashing the indictment, from which Attorney General McAdoo appealed in error.

EROM MONROE. This was a scire facias issued from the Circuit Court of Monroe county, against one Morgan and his securities, to show cause against a judgment final upon a forfeited recognizance, entered into in said Court for the appearance of said Morgan to answer a charge of counterfeiting.

EROM GREEK®. This bill ivas filed in the Chancery Court at Greene-ville, for the purposes stated in the opinion. At the May Term, 1858, Chancellor Lucky dismissed the bill. The complainant appealed.

FROM . GRAINSER. This is an action of ejectment from the Circuit Court of Grainger county. At the May Term, 1857, before Judge Patterson, verdict and judgment were for the plaintiffs. The defendants appealed in error.

<p>Statute of Limitations. Fraudulent conveyances. Possession. Act of 1819, ch. 28, $ 1. It is well settled, that the successive possession of naked trespassers, cannot be connected so as to make out the bar of the statute of limitations in ripening a title to land. But it is not so as to successive possessions, where the parties, respectively, have held under deeds purporting to convey an estate in fee simple; though said deeds may be fraudulent, yet such possession may be connected, and an adverse possession of seven years thus made out, will perfect the title. The statute has made no such exception, and the courts can make none.</p>

PROM GREENE. This action of covenant is from the Circuit Court of Grreene county. At the Eehruary Term, 1858, before Judge WelckeR, verdict and judgment were for the defendant. The plaintiff appealed in error.

PROM CAMPBELL. The plaintiff caused a writ of summons in trover to be issued against the defendants, returnable to the January Term, 1858, of the Circuit Court of Campbell. Held: consequently the plaintiff’s attorney did not attend, and no declaration was filed.

FROM HAWKINS. This was an action of. slander from the Circuit Court of Hawkins county. At the January Term, 1858, before Judge PATTERSON, verdict and judgment were for the defendant. The plaintiff appealed in error.

EROM MORGAN. This was an action of trespass quare clausum fregit from the Circuit Court of Morgan county. At the November Term, 1857, before Judge Turley, verdict and judgment were for the plaintiff. The defendant appealed in error.

EROM KNOX. This tv as an agreed ease from the Circuit Court of Knox, in which the validity of the defendant’s plea of former conviction to a presentment for betting on elections, was submitted for the judgment of the Court, upon the facts stated in the opinion. At the October Term, 1857, Judge WelckeR gave judgment for the State. The defendant appealed in error.

EROM KNOX. This bill was filed in the Chancery Court at Knoxville, to enforce a mechanic’s lien. The facts are sufficiently stated in the opinion. At the January Term, 1858, Chancellor Lucky gave a decree for the defendants. The complainant appealed.

PROM UNIOH. This is an action on the case for a breach of promise of marriage, from the Circuit Court of Union county. The defendant pleaded that he was an infant under the age of twenty-one, at the time of the promise. To this plea, the plaintiff demurred. At the February Term, 1857, Judge Turley sustained the demurrer, and held the plea, a bar to the action. The plaintiff appealed m error.

FROM CLAIBORNE. This case is from the Chancery Court at Tazewell. At the June Term, 1858, Chancellor Lucicy sustained the defendant’s demurrer to the hill. The complainant appealed.

FROM KNOX. This bill was filed in the Chancery Court at Knoxville, for the purposes stated in the opinion. At the January Term, 1857, Chancellor Lucky decreed the fund in controversy, to be transmissible under the statute of distributions, from which the parties claiming under the laws of descent, prosecuted an appeal by writ of error to this Court.

EltOM HAMILTON. This action of debt is from the Circuit Court of Hamilton county. At the Hoi'cmber Term, 1857, before Judge G-atjt, verdict and judgment were for the plaintiff. The defendant appealed in error.

EROM BLEDSOE. This was a bill and cross-bill filed in the Chancery Court at Pikeville, for the purposes stated in the opinion. At the March Term, 1858, Chancellor Van Dyke gave a decree for Bentley, complainant in the cross-hill, from which Miller and wife appealed.

FROM KNOX. This was a motion in the Circuit Court of Knox county, against the sheriff of Campbell and his sureties, for failing to make due and proper return of an execution placed in his hands. At the June Term, 1868, Judge Welcker gave judgment disallowing the motion. The plaintiff appealed in error.

EROM UNIONl This is an action of ejectment from the Oircuit Oourt of Union county. At the February Term, 1858, before Judge Turley, verdict and judgment were for the plaintiff, who, being dissatisfied therewith, prayed an appeal in error to this Court. The appeal was granted upon the plaintiff’s affidavit in forma .pauperis, taken before a justice of the peace.

EROM SULLIVAN. This action of assumpsit is from the Circuit Court of Sullivan. At the March Term, 1858, before Judge PATTERSON, verdict and judgment were for the defendant. The plaintiff appealed in error.

EROM MONROE. This was a bill and cross-bill filed in Chancery at Madisonville for the purposes stated in the opinion. At the June Term, 1858, Chancellor' Van Dyke gave a decree for Wheeler et al., from which McLin & Henry appealed.

EROM UNION. This action of ejectment is from tbe Circuit Court of Union county. At tbe June Term, 1858, tbe presiding Judge, Turley, being incompetent to try said cause, from baying been of counsel in it, tbe attorneys, by agreement, selected E. M. FuleersoN, Esq., to preside at tbe trial of tbe same, under tbe provisions of tbe act of 1858, ch. 90. There was a verdict for the plaintiffs, and a judgment thereon, from which tbe defendant appealed in error.

EROM SCOTT. This was a petition filed by the plaintiff in the Circuit Court of Scott county, for a writ of mandamus, to compel the justices of said county to levy a tax for the payment of certain judgments the plaintiff had recovered against the commissioners of said county, for building a court house. The proceeding is under the act of 1866, ch. 90. At the July Term, 1858, Judge WelcKee, sustained a demurrer to said petition. The plaintiff appealed in error.

FROM DAVIDSON. This hill was filed in the Chancery .Court at Nashville, upon the following facts: On the 9th of December, 1854, the complainant exchanged a negro boy, Erank, the subject of this controversy, with one James Yichouse, for a negro man, Sam, alleged by Yichouse to be his property, and complainant gave his note to Yichouse for $550 00, the difference in value between Erank and Sam.

EROM MONTGOMERY. This action of debt is from the Circuit Court of Montgomery. At the January Term, 1857, before Judge Pepper, verdict and judgment were for the defendant. The plaintiffs appealed in error.

PROM MONTGOMERY. This bill was filed in the Chancery Court at Clarks-ville, for the purposes- fully stated in the opinion. At the-Term, 1857, Chancellor Erierson rendered a decree for the complainants. The defendants appealed.