Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-11-08
DECISION OF THE SUPREME COURT
OFFTCI4L.
Opinions ef the Supreme Court of 81
state OF Tennessee, at JACKSON, APri
Ierlns 1889.


Terms 1859.
Parker ct al vs.. Hall.
The bill in this case is filed to recover for the
defendant, Jesse d. Hail. slave judy. and her child
Henry. The ball alleges and the proof shows that
the defendant very soon after ne came INTO posses
sion OF said slaves for the purpose OF defeating the
clam OF Observation-Disclosures it was-remoyed
sad slaves IN snother State. The PRAYER of the bill
is, that the eOmplainants may have decree in spe-
eie for said slaves and their heirs and the increase of
July and il defendants have rendered such n decree
impossible, that they may recover the value OF said
slaves. and heirs and interest," shall be found lust
and proper.
The decision of this case rests upon the following
facts. To wit In October, 1872, George H. Parker
the father Of eOmplainants, George a. Mary ana
Alvin ID. Parker, and of their deceased sister Mel
VIVA NJ. Parker was duly qualified their guard
ian in the County Court Of Weakley County of this
State and as SUCH received into his possession
fund belonging 10 them.
This fund was derived by them under the viii Of
AlOnzo j. Smith, a deceased relative
On the 9til Of May, 1873 the said George H. Park
eF-the guardian-wifh portion OF said funds pur-
chased Of said G. McAlister, the slave Judy and her
son Robert, and took of hIm bill OF sale in the
words and figures following to wit:
Estate of Tennessee ObiOn county; For six hun
dred dollars to me in hand paid by George H. Parker
guardian of his minor children. George Parker,
Mary Parker, Malyina NJ. Parker and Alvin ID. Par
ker, and in right OF his wards and of their money
hereby bargain and sell, and by these presents do
bargain and sell and deliver to said Parker guar
dian aforesaid, for the purpose aforesaid the fol-
lowing named slaves, for life: judy "A woman ageI
about 20 years. and Robert her child AGED about
two years to have and to hold in trust for his wards
for ever and thereby warrant them sound and slaves
for life and the title them clear and undsputabe
Troy, May 6, lSl3.-- Q. NCALIsTER. Seal
This bill OF sale was the same day OF its execu-
ton, duly acknowledged by MeAlister vendor. be-
fore the Clerk Of the County Court OF 0bIon county
and on the same day, properly registered in that
county.
At the time of the execution and registration of
said instrument, the said MeAhster and the said
guardian and his wards resided in said county OF
Onion.
The slave Henry is child of Judy, born after the
execution of the bill of sale.
Some two years after its date, the said George II.
Parker, with his wards and their mother and said
slaves, removed from ObOn county to fipton cOUn-
ty in this State and the Goth of May. 1915 while
he yet stranger in said county, sold and con-
veyed Judy and Henry to the defendant, HalI-by |
bill of SALE that day, duly registered in thar cOu
ty and which bill OF sale is in the usual form and
reeites the consideration as 5000.
Judy is described as being about q years and !
Henry about months old; and the proef shows |
that Judys age correctly described in both of
these bills of sale.
George H. Parker, the guardian was insolvent |
and had the possession only OF these slaves and the
boy Robert and two Others Dick and Buss and the /
bill of sale Dick is precisely similar the one for
Judy and Robert takenfrom McAlister of same date
and registered as the other.
At the time of these transactions, these wards |
were infants of tender years, and of them viz:
AVN d.. complainant, is yet an infant under II /
years of age.
They were all infants under Il. in Nav 1916
when their guardian sold Judy and Henry to Hail. |
and when he took possession of them, and for
time thereafter.
George II. Parker. the guardian, died soon after
the sale to Hall and since his death, Malyinia NJ
one of the wards died ; and complainant, Mary A. |
her mother. is her administrative.
The defeEces relied upon are that of an innocent |
purchaser for value, without notice and the statute
Of limitation.
Neither of these defences can be allowed to avail
the defendant. Ii he had not actual he had con- |
structive notice, which is equally fatal to him.
Tia bill Of sale from McAlister duly register /
eli in Obon cGunty-the residence Of the parties at
the time required by the act of 1884, ch 80; and
by the 18th section of this act. the instrument |
50 registered Is declared to be notice the world
from the time Of its registration, upSn its face, il
disclosed the tile to Judy to be in cOmplanants |
and the defendants own bill of sale showed that |
Henry was a child of Judy born since the execu-
ton of the bill c. sale. The removal and sale of
the slaves in q different county cannot displace |
the notice afforded by the registry. SO to bold |
would be Fuihous in its consequences, and virtual
repeal Of the registry laws.
The defendant before buying, was bound to trace |
the residence of these parties and the history Of
the title of Judy by search of the Registers hooks
Not to do gross negligence. Ii he had done
So and the law holds that he did, he could not have
failed to see that his vendor had title, 4 Hum.
PIP l Swan G90, Johns Rep. SO, 523.
As 10 the statute of limitations, it can have no
operation in the case. When the cause of action |
accrued the owners of these slaves were all under
an infant at the institution of this suit; and upon
the principle Of Shute Wade, all are saved from
the bar.
The position that when the trustee is barred all /
the benefciaries are barred-thO' they may be I'M /
der disabiity-has no application here That doc
trne only applies, when the trustee could see. but
fails to do so, where stranger intrudes himself
into the true estate and holds wrungfully and ud-
rerSey both to the trustee and the beneciarieS In
such if the trustee tailed to see, and is barred
the benefciaries- though infants &c. are also /
barred. But here GeOge III. Parker, the trustee and
owner of the legal estate had cstOpped himself from
suing by his bill of sale. He had turJIed against his
wards and united with the defendant in a breach of /
trust The wrong 10 them, RO 10 him He could /
not see for or represent them In such case it has
been repeatedly held in this Court in many cases,
since H-vs Marshall. Hum. 453 that the bens-
hciares alone sell, and if they are under disa-
bty when the cause OF action aocrues. they viii /
not be barred until they allowed the time given
In the statute after the disability is removed
The record entirely fails to disclose any fraud
other act the part of complainant towards defeu-
1ant when he purchased this property which will
estop, or repe them from court Of equity, Hum.
PIP Swan 537.
The decree of the Chancellor will be reversed, and
compliments will have a decree for the slaves Judy
and Henry and increase OF Judy born since the de-
PENDANTS purchase with heirs and interest, but if |
the slaves iave been so disposed of that they
not be had then decree will go for their present
value. heirs and interest, 10 Yer. 2l7. Decree re-
versed. WRIGHT. /
Test: NJ. ID. WEIGH. Clerk.