Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-05
OFFICIAL.
Opinions of the Supreme Csurf Of the state
of Tennessee, at Nashville, December
Term, ISIS.
Wan. B. WOOD rs. raomas Il al.

wm. B. Wood r. Tbonas etat
On the 10Th Of July, 1856, the complainant. Wm
( D. Wood, who is a creditor Of the def, adap; Jobr
I n Thomas. fled a bin in the ChaDcerv Conn !,
Franklin, against said Thomas and Thomas j.
Gray.
The said Thomas, ia The fall Ct the year 1885.
I had vtrSaly purchased Of said Gray, house and
lot ia The tewnof Peytonsville ia Williamson coua
~ for viii be 70 pay 500 90, 70 wit: $500 90
GA The let Of January, 1856 500 90 on The IsI Of
| August. 1856, aad the n naming $4,000 on the
! lst Of JanusTy, 1851 and tor which, Thomas exc,
I cu'ed his noIes to Gray. who never gave Thomas
any deed. tile tond, or writing Of any kind 10
[ the house aud lot.
A rart Of this purchase money, pamsly, the
$500 90 due iu January. 1856, had teen paid by
fhomas to Cry, and The object Of the bin vas TO
stfseh lhe crest Of said hsmss in the house and
lot. and ia the S3000 80 paid Gray. the bill be-
irg frsmsd in the Alternative. as to reach either
this house ana lot or the fund, sud have the same
applied in satisfaction Of conplainant's debt.
Ia May, 1856, pTiJ- 20 the 6liug Of compIainant's
bill, Thomas had, Nh The assent Of Gray, ver9ally
s1d his interest in the house snd let TO Isaac Seeres
for $3.50 90. Of which SUM be paid Thomas in cash,
$50 90, ard as 10 the balance be executed 10 G. 81
his two notes for SL00O each, due the Isl Of Au>
gust, 1856, and The lst of January, 1857. These
notes we're aeeep ed by Gray in lieu Of Thomas
notes, which Wei surrtndeied 10 him by Gray Who
agreed to make the title 20 seerest Of rhom
ss upon receiving payment of the Two BOes. Al
This took plaes prior the fling Of eomplsinant's
bill. and Gray from thence fOrEsrd, held himself
ready TO make the title 10 Seerest be paid
him, aud had no claim on Thomss who vas entire
y out Of the contract and ceased all claim 70 the
house and lot after the sale 10 Secrsst.
The Chancellor decreedihlt In mas had nc ait iehs
able interest either IN Tie house and lot, or in the
fuHd, and that Gray having waived The want o. a
writing, and submiiIing TO make Secrsst a tstle
SHOULD DO 50 upon receiving Of him The residUe Of
the purchase N .gey, ---
With his Tee, Secrest aud Gray AMI Thomas
are sats6sd, AMI do not appeal
An appeal is only taken by complainant Wood
We think the ChanceEOr's decree vas right and at
6rm it. t. ~
The complainant can be on no higher ground than
John b. To0mas, bis debtor. Tue latter had no
claim, or debt whatever, .gsinst Gray, and could.
in no aspect OF the else have any, for he lad re-
ceised back from Secrest all he had advalced
Neither had he any interest in his house and lot
How could be- IL disposed, file bill and assert any
equity claim to this properly, after what bad Ia
ken place between him and Seerest2 and complain
ant can be no better off But be asserts no claim,
and denies expressly be has any interest. ~
Eyen if Gray desired, as he does not to abandon
the contract with Seerest and enforce the specific
execution Of the contract with Thomas yet be could
not do so against the will Of Thomas. This could
only be done BY the voluntary consent Of beth par
ties. But here neither consent, but both aver that
Seorest is entitled to the property, and express 3
wish that 1t be deereed him under the contract with
him, and he also desires that this be DONE ard files
a bill for that purpose How then complainant
interpose to prevent tbs? That he cannot, is con
eusiVely settled in the case Of Sneed al Brad
ley ct al Sneei, S0l. Ses also, Thasker "a Cham
bers Ct al, Hum 3l0
We affirm the decree WITH cost. WRIGHT.
A correct copy, J. P CLARK, Clerk. II