Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-19
Thomas Lewis vs. John Baker, ct ais.

The complainant being creditor Of defendant John Baker
filed this bill against him and his sons Edmund
Baker, 70 set aside deed OF conveyance tract
ecuted BY him to his said charges
for sale Of the land to pay complainant's debt.
At the March Term 1857 of the Chancry Court at Sparta the
came On Tor nearing and decree was pronounced deelr
ing the deed fraudulent against complainant the de
cree reference the Clerk Master
an account OF the Indebtedness Of John Baker the complainant
the not appearing satisfactorily the ChancelOr
port the amount to the next term Of the court.
Without waiting for the coming report pro
ceede further to declare that unless the
pay into the Office Of the Clerk Master much money would
sy he debt and interest that might Re due and
the costs Of suit within four months thereafter, the Clerk
Master should sell the tract Of land on credit Of six months Civ
ing the proper notice. taking bond security the
chaser with lien the land and the sale the Hext
Baker failed pay the money comply with the DECREE and
The Clerk Master directed therein, the 3ss Of August,
54 sold the land when Wesley Graham became the purchaser
at the price Of s4570 fully complied with the the
decree BY the execution Of his note for the purchase money with
security due six months.
This sale with the sum due eompla nant which was found to
he SI 81 reported By Che CLERK Master to the next term
q the Court in September 1871 when the decree Of
the Court confirmed No appeal prosecuted BY the defend
DEGREES any writ Of error or supersedeas
tanned stay sale Of the Master Nor do ants
Jacob and Edmund Baker OneOmplin prosecute
writ Of error And the only here to John Baker who,
the 18th OF December filed transcript Of the record
hthe CLERK Of this Court AID obtained writ Of by Civ
ing bond and security for CO IL useless for Us to enquire
whether there be errors this decree to Jacob and Ed
mund Baker, since they are not before Us
As decided by this Court the Of CodWse Taylor ct
ais Ssed 3D. it erroneous practice to order sale OF
hisand before the Of compliments debt had been
eeIned by aieierenee to the Master or oy the Chanceior
The exact be paid should have been ascrtaned and
sel pa tne usgee; ana ln esonSD'e ue olght 20 have
Of the Court before prosecuting sell the rd. And John
Baker prosecuted writ and supersedeas
decree the Chancellor who uted Of land,
should have constrained the he did
this think has right this
reversed this sale The 1886 ch co.
H. &c. and n. Rev. 2 declares that # the
Chancellor has been executed by sale Of the property, either
real personal beOet the writ Of obtained uperse
IDEAS granted that the right title and interest Of the purchaser
purchasers under said Decree shall not be effected disturbed
bp Of said decree This conclusive Of the
And il can be Of practical importance to John Baker,
cannot affected, ordered There is as to him no
sther and there Eee could upon era
hams title.
The debt due complainant finally settled In the Masters
report exceptions filed by defendants that must now
be taken 10 BE- correct.
The decree Of the Chancellor will be affirmed. WRIsrr
correct copy, J. p. CLARK, Clerk.