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37 Tenn. 488

Henry v. Keys

Tennessee Supreme Court

Decided September 15, 1858

Tennessee Supreme Court · decided 1858-09-15

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.

Cited by 1 later decisions — most recently September 1958

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-09-15

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WRIGHT, J.,

¶1delivered the opinion of the Court.

¶2In this cause, we affirm the decree of the Chancellor.

¶3Previous to the passage of the act of 1847, ch. 191, it seems to have been doubted, ' whether complainant could have any relief in equity. At law he could not; Bumpass vs. Gregory, 8 Yerg., and authorities there cited. In many of the States, equity granted relief, and vacated the satisfaction, upon the ground of mistake and ignorance.

¶4In 1847, the Legislature of this State gave the creditor a remedy by scire facias. This act has been construed to extend to a case like this; and that the creditor could have his scire facias at law. Edde vs. Cowan, 1 Sneed, 291.

¶5If jurisdiction existed in equity, before this act, as we incline to think it did, then the act did not take it away. At all events, we can see no reason now, since the act, to drive the creditor to a Court of Law.

¶6In the case of Crawford vs. Roberts, (MSS.,) decided by this Court, in 1853, the creditor- had relief, and the satisfaction of the judgment was vacated in equity, in a case involving, as to this point, the same principles as this.

¶7The Chancellor’s decree will .be affirmed.

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