Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-21
slasbbiIIs anion an0 5neritaa.
DaiiY IS 'Fri-VyeeIsIy s.; weekly 50.
oFFICIAa.
Opinions oTthe supreme Court of the state
of Tennessee, delivered as Nashville, at
December Term, Is5s.
Mary Toules v.. John ". rowle,. ana o,s.I,.

I
of Tennessee, delivered as NasavilIe, a
December Term, Is5s.
Mary Tovies vs. JohR W. rOwlss. and others.
Oliver TSNles died iBie tate, Sh March 1856
leaving the complainant his widow and 30 children
His estate consisted Of four or i've slaves an scoR
siderable p,rsot al estaie besid.s aud a yalG0 [.
tract uf LAID near Nc Minasille, in Warren county
Tenn.
The persOrsl estate exclusive of the slaves will
fall short of aging the DEB BY a large amCout
enough to take the proceeds of most of The slayes
aud a petition is now Tendiug by he admir-. Jeha
W., to sell them for thar purpose. So il IS doubt
ful whether anything will be left Of the personai
estate tor he widow after settling up The debts.
There six heirs at law ef the said iver deed
among Whom is James ToEles, who is eautled 10
one sixth Of the real estate That has been soll in
| the Chaneery Court at MoAIinnvIle, and ihe pro
eeeds, amt uniting cut ten thousand dollars, are
now in the hands of the Clerk and Master.
James TOwles is debtor 10 the estate 10 the ex-
tent Of about $500 for which there is judgment ia
! favor OF the admins raior on 9lh June 1857 which
cannot be collected, as he is insolVsni and the ex-
ecuiiOn reiuraed no ygoptry found, 9th june 1861
! Now, this petition was filed 23d March, 1851 by
/ the widow, in the proceedings in the ChaveeTy
Count at M;Ainayille for the sale Of the Ian In
which she is party, for the purpose of eomPellir
the application Of much OF he enc sixth cf the
land proceeds. TO which James is entitled as heir TO
hin.
The administrator in his answer coneurs in ths
prayer cf the Ieiitn, if it be leg ally granted
Tie difficulty presented is that alter the
death Of his brother, aud before any proceeding
Instituted to collect SAID debt, or sell the !aDd
viz, 1th April 1856, James sold aud conveyed ali
his interest ia ,he land to Arthur TOwles AM G. p.
SsinDey, for SI73 Al least that IS the cOnsidera-
fien expressed in the dsed which wS3 registered in
Warren county on the day Of its execution, 17lh
April, 1886.
These purchasers we're Lot parties TO the pro-
ceediGgs for II sale Of the land for partition But
came in by petition after the application of Mary
Towies for the appropriation OF the fund before
stated AID by their said petilion and their answer
to hers set up their right and title TO all the inter-
est orJames, in the fund.- by virtue Of their pur-
chase and deed frJm him.
Ii is little remarkable that they do not state
wha, or how they aid James for this nasty CONVEY
ance, made go soon after his brothers death, but
eOn'ont themst ives by tarely referring TO the cen
sid,r4tion stated in The deed, vi hopt she Wirg
that it was for money paid, or subsitiDg indebted
ness upon credit or icr other property. But il
nay be answered, that there we're no charges
against them in her petition, they we're not called
upon to answer as to that matter, but it enough
to exhibit and stand upon their deed. This is go;
but il would have been satisfactory to have
had account of the par isulars of the contract
This is a question OF some importance to Mrs
tionsl bu;theR, 10 that exteut upon her slsTes, in
the payment of debts against the estate. And
to thst extent, Of course, her dsiributiVe inter
est, being all the personality remaining after The
discharge Of the debts, will be diminished. The
would be doubt Of toe ight of the administrator
to have this debt Of $500 against james paid out Of
bis sixth Of the proceeds of The land ii the right
still remained in him.
But. although anxious to fad some principle or
authority 10 authorize il, We not able to how
this debt to the could interpOse any Obstaels
in the way of seiliug his interest in the land which
had descended 10 him heir Of bis bro heps
1t was certainly lien upOn it, it not
dnced to ju gmeot There question to
collation. of adgaacem, for it csss
where that doctrine could apply tits simply case
of Indebtedness to the estate by collateral heir,
WHO Is unable TO pay except cut Of the lands de-
scendej TO him. and he makes disposition Of that
before H. by any legal rule, bOuud for tte debt.
\ very plausible argument Is made 10 the effect,
that by The law this debt well the oiller per
sonally goes the widow and he land he heirs,
the debtor shCu e hound t) make il good before
he claim his NH nj from The source,
rr that, inasmuca rs Oliver TyWles was l4rgely in
l6bted, Eud that the slaves had to be d 10 meet
hese debts, il would be IL, qatable 10 allow James
to convey away the real es ate desc rndei to him,
aud by avoiding he pay ment Of his debt TO the
late, throw that much weight upon the wild |
owls slaves This woU' d all be very palpabls if it |
have intervened before anJ sieps to FIX his debt
upon, or in any way bind he land, were Iaken
The widow on failure Of children, is much favor
I'd by our recent statute, making hW sole distribu
Zee and excluding all the next Of kin from any par.
icipation in the personally, no matter hsw much
il msy be. But this must be sitter the settlement /
1f the estate by dischArgiug all debts and expenses
1f administration. This great change IL her favor
TO the personally, leaves unimpared her dover in
he reality. If, however, these persons not in
lcceut purc5ast rs, but obtained the conveyance
without fair consideration, or to enable james to
avoid this debt upon full consideration, then
heir purchase and deed would interpose no difficult
y in the way Of application by the administra-
or to sui iect the fund to this debt.
The consideration seems, as it has turned out, to
be inadequate but not to the extent 10 proved fraud
IF t;elf But that oiroumsta lOgel her With the
me Of the Cesd, so after the death, and the
ileuce Of the purchasers in their petition and ans
Rer as TO tie bona JfGss Of their purchase, or tie
acts attending it, make proper case for furth-
n examination if the parties desiIe it The case
will, therefore be remanded, if the widow and ad
wish it, for the purpose of insttuling
enquiry by proper Pleadngs. 10 investigate the
further As the administrator is the
,reditOr it would that the petition should be
,y him, although it is the interest Of the widow
which is at stake.
The Chancellor having allowed the claim, the de-
,r"e must be reversed ard the cause temanded
CARUTHERs.
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