Volume 5 — Tennessee Reports

<p>[.Husband and Wife. — Husband Trustee^</p>

<p>[_Mistake of Oourisel.]</p>

<p>[.Bailment. — Locatio Rei.~\</p>

<p> ^Injunction against, Judgment at Law.~\ </p>

<p>\_Husband and Wife. — Wife’s Equity.]</p>

<p>[ Tender. — Payment of Money into Court. — JSvidence.']</p>

<p>[ Ghiardian and Ward. — Appointment of Guardian. — Contest. — Testamentary Guardian — Removal of.] ,</p>

<p>[Fraud. — Injury. — Principal and Surety.]</p>

<p>[ Wills. — Application for Reprobate. — Certiorari.']</p>

<p>[Bill of Review — When granted.]</p>

<p>[ Chancery Jurisdiction Local.']</p>

<p>\_Rehearing. — Bill of Review.~\</p>

<p>[ Jurisdiction of State Courts. — Gertiorarii\</p>

<p>[Pleading. — Amendment. — Nul Tiel Record. —. Verification. — Surety's Defenses, and how charged for Devastavit. — Plene Administravit. — Process.]</p>

<p>[.Administration. — County Court. — Vendee under Erroneous Judgment. — Taxes. — Presumption as to Location of Land.~\</p> <p>Kote. As to the presumption in favor of the judgment of the County Court that the land lies in the county in which it is taxed, this case is overruled by Anderson v. Patton, 1 Hum. 369; Anderson v. Williams, 10 Yer. 234; Conrad v. Darden, 4 Yer. 307. See McCarrol v. Weeks, 5 Hay. 246; King’s Digest, 397, 3339, 3949, 3950, 11,535, 11,538, 11,539.</p>

<p>[Arbitration and Award. — Power of Agent. — Verdicts.']</p>

<p>\JSscape from Prison. —Liability of Sheriff.]</p>

<p>[ Certiorari. — History and Object of the Writ.]</p>

<p>[Production of Papers. — Parol Evidence of Contents.]</p>

<p>[.Divorce and Alimony.]</p>

<p>[.Injunction. — Fraud. — Insanity. — Former Judgment.]</p>

<p>[ Covenants. — Defect of Title.']</p>

<p> \Fraud in obtaining Decreed] </p>

<p>[Mortgage. — Sale with Liberty to Repurchase. — Sale of Equity of Redemption.]</p>

<p>. [Plea of Former Judgment. — Merits.]</p>

<p>[ Change of Venue. — Records. — Transcripts.']</p>

<p>[ Gertiorari as Substitute .for Appeal — Grounds for. — Time.']</p>

<p>[Apprenticeship.]</p>

<p>['Evidence. — Testimony of Incompetent Witness.~\</p>

<p>[Amendment. — Pleading. — Verification.]</p>

<p>[New Trial. — Twice in Jeopardy.]</p>

<p>[l?oads. — What Record must show."]</p>

<p>[ Garners. — Measure of Damages. — Set-off'.']</p>

<p> [Principal and Surety.~\ </p>

<p>\Land Law. — Survey of Entries.]</p>

<p>[Ejectment. — Boundary. — Hearsay. — Charge of Court. — Copy of Registered Grant as Evidence.]</p>

<p>\Fraud. — Concealment. — Compensation. — Rescission.]</p>

<p>[ Correction of Contracts. — Specific Performance. — Evidence in Courts of Law and Equity.]</p>

<p>[Statute of Limitations. — Legacies and Distributive Shares.]</p>

<p>[Land Law. — Conflict of Mntries. — Notice. — Void Entry. — Buying in Better Title.~\</p>

<p>[ Certiorari as Substitute for Appeal. — Merits. — Time. — Damages on Covenant to convey.]</p>

<p>[,Specific Performance. — Improvements. — Splitting Actions.]</p>

<p>[Landlord and Tenant. — Verbal Leases.']</p>

<p>[Actions against Representatives. — Pleading Notice of other Del)ts.~\</p>

<p>[Sheriff. — Money collected on Execution.]</p>

<p>\Land Law. — Conflict of Entries.']</p>

<p>[Habeas Corpus. — Slavery.]</p>

<p>[ Trespass. — Plea of IAberum Tenementum. -— Replication.']</p>

<p>\_Land Law. — Conflict of JSktries.']</p>

<p>[Land, Law Limitation.-— Oolor of Title. — Infant Gestui que Trust.' — Statute of £7ses.]</p>

<p>[Jurisdiction of Justices of the Peace.]</p>

<p> [JVe Exeat.'] </p>

A bill of review was now presented in this cause, which was decided at the last term, and a decree then made. It contained a charge of errors of> the court in * matters of law, in not directing the articles to be returned to Forgey, which had been executed between him and Henderson, and which he had assigned to Young.

<p>[ Coroner as Sheriff. — Motion against Sheriff. — Money collected on Execution.]</p>

Upon the bill of exceptions and on the assignment of errors this point is made : There was a fi. fa. returnable to a former court, and return stopped by injunction ; and, after the injunction dissolved, it was indorsed thus: Aliased to the ensuing term. The entries upon the docket stated a first execution, and then a second, which was lost or mislaid. But on the trial, the above execution was produced, and the clerk swore that was the fi. fa. on which the lands were sold.

<p>[Poor Persons. — Gosts.~\</p>

<p>[ Oertiorari. — Diminution of Record.]</p>

<p>[Judicial Attachment — Amendment — Non est inventus — Practice.]</p> <p>A capias issued in this action, and on the docket, at the return term of the capias, an entry was made directing that an alias issue. The alias did not in fact issue, and at the next term a judicial attachment issued.</p>

<p>[iSaie of Land. — Covenant against Better Title. —Eviction.]</p>

<p>[ Amendment— When too late for.~\</p>

Mayberry sold lands to William Blount, he to Jackson, warranting them. The latter called on Mayberry for satisfaction for some interferences and deficiencies, and received $344, and released his right and title to all the lands then paid for. And afterwards May-berry sued him and offered to prove on the trial that part of those interferences and deficiencies did not really exist. He offered parol testimony to establish it.

The judge charged the jury in the Circuit Court unobjectionably, and now all the evidence on both sides is set out in the bill of exceptions, and the assignment of errors is, that upon a motion for a new trial which was made to him, he ought to have granted the same.

<p>[.Injunction against Judgment at Law. — Illegal Contract. — Landlord and Tenant. ]</p>

<p>[Accounts. — Settlement. — Limitations.~\</p>

<p> [Exceptions to Master’s Report.'] </p>

<p>[Bonds. — Suit in Name of Governor. — Judicial Knowledge.]</p>

A single.woman charged Ingram on oath before two justices, as the father of a child she was then pregnant with. He was taken and bound by the County Court to perform such orders as the court should make relatively thereto. The woman married a third person before the child was born. He appealed to the Circuit Court, who discharged him from his bond. Upon which there was an' appeal to this court, which was now argued by counsel on both sides.

<p>[ 'Warranty. — Latent Defect.~\</p>

<p>[ Covenant to stand seised. — Waste.]</p>

<p>[,Second Gertiorari, — Principal and Surety. — Notice of Suit. — Summary Proceedings.^</p>

<p>[Practice. — Oyer. — Variance.]</p>

<p>[Paying Ward’s Debts. — Guardian ad Litemi]</p>

<p>[ Variance. —Abatement. — Discontinuance.]</p>

<p>[Slander. — Actionable Words.']</p>

<p>[Defective Verdict. — Plea of Set-off. — New Trial.']</p>

<p>[ Contradictions and Defects in Written Contracts. — Omission of Proferí -— Cure of. — Principal and Surety.]</p>

<p>\LandLaw.— Entries. — New Trial. — •Three Verdicts.]</p>

<p>\_Land Law. — Survey of Entries.]</p>

<p>[ Gosts. — Prosecutors. — Inquisition of Forcible Fntry and Detainer.]</p>

<p>\_Assault and Battery. — Guilty as to Parti]</p>

<p>[Land Law. — Survey of Entries. — Conflict.']</p>

<p>[Limitation as to Trusts. — Kinds of Notice.]</p>

<p>[Surveys. — Oompensation.~\</p>

<p>[Gross-Bill— When to he Jiled.^</p>

<p>[Fraudulent Conveyance. — Executor de son Tort.~\</p>

<p>\Attorney and Client. — Fees. — Mvasive Answer in Chancery.]</p>

<p> [Executions upon Real Estate.^ </p>

The bill states, that Pruitt, the half brother of the deceased, during the infancy of the defendants, offered warrants to Davis to be located, and agreed to give him one half ; that he, Davis, passed the warrant through * the commissioner’s office, and located and entered the land, and obtained grants, and caused them to be registered; the contract was not admitted in the answer; it was proved that Pruitt did make the contract and promised to give one half.

<p> \_Executor de son Tort.'} </p>

<p>[ Tender — Plea of]</p>

<p>\_Tax /Shies.]</p>