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51 Tenn. 506

Sloane v. Williamson

Tennessee Supreme Court

Decided May 3, 1871

Tennessee Supreme Court · decided 1871-05-03

EROM CARROLL. Appeal by respondents from a decree of the Chancery Court at Huntingdon, bolding the conveyance attached void; February Term, 1871. John Bombes, Cb. Bill of Sloane et als. filed February 11, 1868. Of Hansboro et als. filed June 1, 1868.

Decided 1871-05-03

Tubney, J.,

¶1delivered the opinion of the Court.

¶2In this case the complainants have failed to make out the fraud in the sale from J. G-. Williamson to his sons.

¶3The bill of Sloane is based upon the single proposition of such fraud; the bill of Hansboro proceeds first upon the idea of fraud, and if that be not established, that the remainder of purchase money due the father from the sons be attached and applied to pay his debt. This gives him priority as to the unpaid purchase money.

¶4The cause is remanded to ascertain the balance due, after which, unless the purchaser pay the amount into the office of the Clerk and Master within two months, the land, or a sufficiency of it, will be sold to make the payment, which will be applied first to the debt of Hansboro, the re*508mainder to J. Q-. 'Williamson. The complainants will each pay such costs as have accrued in Ms case.

¶5The decree of the Chancellor is reversed.

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