Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-15
NUMBER 36l.

Naere ne had gone icr the purpose OF making q
deed Of trust upoz his properly 70 secure his crsi
uors thst they slept in the same room 1t The ho-
tel and agreed upon The terms Of settlement, snd
be drew Il up snd signed T. and resd Is over .
Longhry, who said it was right and would sign iE
next maraing, a11 that the nsxt morning, IN tie
'ar>ro N be preseaied it 20 him. and af er soms
e1ptst aiion he sigued T. he thinks ~ desk os
taoe IN the tUblie RON This IS he says his
nest reeO leetion. nay hs ghat I ugbrg dd kot
go n1ti they g0l 70 ShsibY siiie Ehlsh vas tbs
usAi morning alter It Is dstsd April l. Ia COR
ro'oraiioa James MulfRs proves that he vss vitk
sse parties at A1Tfreesb9ro, at has tine, snd saw
tLem Just before or attn breaAfasl Ia The public
reem et the h0iel, standing together near a long
SFslng aesx or something Of hat sort Msriia
nao 50 ms ranent q Sriting, and vas reading or
seo"ioe tito Lengthy Il vas Isi3 aoan os the
desk. and ssE Mr.. Loughry have pep II his
oands and ny impression IS that he signed tbs ia
slrument Of writiag" Mr. Wisener a ritnass
states tsat On The return Of Loughry After a. ab-
ssnes o. Two years be cams to his ofics to learn
someihing out the safe OF his business end
among other things. he told hiu, vb4t (,oi Warfin
sAld about this aruele Of reeisi0n apd how h "a
executed, and set out in Msrin's answer sd -
understood him % say that It was al right and
the subject
We think that tie instrunenl Il estshiisbas n,
the weight Of the proof, and thar Louehyv esnnet
be credited on that point There isnos6ioe ts ever
! throw the snsWer, Ehish is respOaaiFe bas he
1NrAAAu8 SA-A 74AAAe NAAattss Alu lc Of 0outfIlI
and slender character. Bnt the answer as to sus-
tain it, the very srsng Circumstances stated By Nal
/ lins, and By Risener. -T q .-r
| The ChsncellOr came 10 the came coselusioB. tat
held that not being registered before fhs bills we're
fled il corid not Hfs6 in the Wsy Of these attsehs
ing creditors. Bus be held taat 8larfin haa riskt
10 satisfaction Of all other claims sad Habaifiss
against LoUgary before be could be compelled %
part with The legal lille ne ordered he nssessary
accounts on that bssis and upoa the iAking Of the
same, Il appeared that the nothiag sfs Tor lks
/ eomplainans upon the principles edOPted, Rad tks
bills were dismissed To the seeonus and report
produsing this result, msoy exceptions sere tied on
both sides, hut the CtaBselior Ia bis action upoa
them come 10 tse eOnelasiOa just stated 2
The net sentsnce in The writing thus established
is thus: eve, the undersigned, William G Loughry
and Matt Marlin, both Of The esusty OF BEDFORD
and state % Tennessee, have this day uutusliy
agreed 10 rsseiad and oaeH ika ira1a made and sn-
tered into, BY The above nsmed parties, On Or sbant
the lst day Of January, 1852. Of trsot Of land
lying in The county Of Be fjrd District 80. J. "a
the Garrison FORK % Duck river" Loughry tksn
agreed 70 re-coaTey the laEd 70 Martin as soon as
the boundaries be ssesrtaiEel from Tie tille
bond, which was not then present The writing
thsn proceeds 10 adjust the acccunts between tue
parties, by which it is agreed that Ehat nsy have
been paddy L0ugh'y upon The contract Ct sals,
shall slRnd sgai0st the V5TOus amounts paid and 10
be paid for hn BY Martin and The use OF the placs
for three years, AID the ovsrplus, which nay Be
Que ron Lgu2Nry upon eeLtelleHL. 10 te Scelr90
by his note al one day after dste. By "a NccO1nt
taken Uuier the decree Of the Chanesll9F. It tuzns
out ihat there vas Jalanes due to Martin, upoa
the basis Of this sgrsemsnf. Il seems t1st the pa.
per executed by LoughTy on the Ga Of April vas
intended mere eaestualy to carry cut the sdPala-
ti5ns Of that Of Slst March.
Toe question arises upon this state o. faois
whether the 5ta ofAprIi,t the time Of ths flag The
first Of these bills there was any interest IegEl Or
equitable, in LougsrY. which eo9id Be atianhss-
CsriaiBly be had interest remaining Of Hhieh ks
could Rvil himself bill hled bg him fer spe-
eGc perform nee Il will not be commended could hsve
be n maintained Even parOl rescisicn would have
been eutssient 10 resiss bi@. HsnPhs ll9;
Hump 5s4.
But It Is eontezdei that bis creditors stand upoa
higher ground, aud as against them. the rescisi0a
esu!d have No effect until proved and registsrsd
We think differently The Tegisgra ion laws 90 net
apply TO such case There fraud ke<e, On
the part OF Martin. His objest t. exriclts hiu
SELF By prompt and decisive scion, frcm the sua-
blrrassing difficulties Eifh which he found ha vas
surrounded, aud the ruin which tbrsateEed bim b.
his uaWarranted e1nhjencs Ia L0nghrY. His ae-
tion vas Eot prompted by s1y motive 70 6ens6l
L9ughry injuTe his ors3iioFs, but t0 SAVE hiul-
self IA was race Of diligsDce bet seen credltsrs
As Martins inTolymeR. With she common debtor
arose GEt Of his c0nnectios With him in this lsnd
il vas surely proper to make himself secure Il hs
could. By reglisiug the squi.sbls tifls 70 IL That
he has succeeded in doing So snd thereby defsaled
lle ect OF eoatAa lAufa % make IN 3elfI,
by his loss, Is no just grourd ot complaint their
part. They are struggling to esst Ihs loss up0n
him, aud each is entitled 20 any legal sdvanlages
they can obtsin.
II Loaghry eou'd rot ask 4 specific perforuanes
against MartiD, how can his creditors in the sb-
sence Of fraud? Il Is only uoon that ground thaf
they can claim any thing They ask fhst the iand
be sold and after paying the uupsid purchase non
ey 70 Marin, the bslanes shall be apprepriaisd t5
their debts. and the title diTsstsd Oat Of him. The
answer is, that the contract Of which you demand
the performance has been sunaled by the contract
ing parties and ycur debior, therefore, has no in
terest under II, and your light must depend upoa
his you can only claim through him. The case
would Of course be herWiss, il he resesiou Wers
fraudulent, made 10 de-sst crelitors. for il that
cas they would have right - regard i as nai-
iity and do what The party himself could nor, Be-
cause Of bis completely in the fraud Bu Otaereise,
the creditors Woaid occupy no higher ground thAa
their debtor in this respect.
We cannot see shat the registration las has to DO
with The question. The eJmplainanis seek an
equity Of their debtor in the land; il turns cut ihat
be has none thai tbs contract in which il originate
ed has been rescinded in = legal mode aHd ho
equity has again been Uni ei with the legal esaie.
before they attach it Il is but an illuson-a.hi5g
hat once was, but ROW has no sKisfsaes.
Ill ughry had sold bis equitable interest 10 q
hri person. and the sac had no. heen rsEislersl,
! different question would arise Thal would raise
contest between purchaser aud creditors uf The
lendor Basthis was = rese sion and,nOt sale, the
-eleass and abandonment ofs past contract n0t the
making Of
We Sre aware Of no authOri'y that would lnvalis
late this instrument, 10 creditors for want
If registration. This Is decisive Of the case, and
renders it unnecessary to ezsmine he second ground
assumed in relation to the right Of Martin tosetsia
he legsl lille until all his debts sgainsf Lg1gbry,
both fJr The Ian snd otherwise, as well Es laoii
les for him, are paid secured, ia preferences 70
.taehBg creditors. Thai question nay prssent
some difficulty, and need not be decided unti i be-
comes necessary.
We come 20 the same eonelusion Of ihs Chanoel.
or though by = different process and upon other
grounds, aud EiihOas ths necessity Of taking sny
aes0unts
His decree, dismissing the bill, is affirmed.
CARVrHERs
A correct copy. J. Clark Clerk
mARSHAL's NOTICE.
ShtrIY He'll a Co., and otherss We. the
sfearz boar Eila-~-Libci in REM