Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-28

ants benefit, to ragver the Of v sirsea But neither con-
panant or dslenent then r claim as Of any
The eluniy hal ule two d he land IN ont
Of which h found I'M quantity 70 be Gil ace and IN ne eas
Bn the doeaaa affected not to besat,fei wish these surveys
Finally however, after he had eSmnt te and after good
deal o discussion he boundaries o. The land and the nanre
81 ~ NE, ne - ~ .i ~ trT5i sd emg1ssat ~
cutea deed ia fee simple, With full Of warranty, vii
he accepted caused comp ani acEnowlse 1t before tx
clerk andon the sane day hal Il duly re is,ered
But he still dl complete he payment Of The purchase
money; but on the same ayaes Ae registration Of the decd
press1tei to comp aiant in rn aroas objections to The IL
IL which seem to have becn fsyol0Ls AMI unfouTied
The complainant, however. att1ged 10 eeoye them end
caused Mercer q execute quit cl deed 70 the land 70 TIE
defant IN which al interest and recite that be
made the conveyance to SATISFY the de'eLdant
money and o1lain hasobned Judgment at law Tor tn
and also attachment LII and has attached certain Per
ssnai estate Of deseniant t. pay the debt ,. ,.,,
iicn Of he remaining unpaid purchase money until eonr mt
shall exhibits valid and connected ens' o. 'ie % s -l M
any be lost BY te, abatement for that and $50 that
he had, aud an ahaesat for any deficiency
fse Clerk and Mastsr upen reference him reported the
land taken by the Wilkinson suit at iaere and the tc3ey N
quantity aere All 50 acres aud that as to the residue Of
the tract the title valid.
l because The Clerk and Master airspori the title OF
Young good the Whole tract EXCEPT 81 acres hen IN ica he
does moi o a good valid tile portion o. said aEd 81
the aefeit when the proof showed tie value said deficit
mart Of the whole tract. 70 lie SIS per acre
The Chancellor overrule the sxcep ions on both sides ami
decree in accordance report whch confirmed that
a
isinsi the proper quantity except ne % acres, a a. = ne
against comp AMI hs slTetes
IN bond executed in the cause upon dissolution Of
defendants injunction upon The Judgment az aH' Wie com
pllinant had becn allowed 10 collect
10 this complainant submits andhs defendant appeal
We thns the CaauoelIof'sde decree Is correct
The counsel densnt have assumed herc that the de-
cree upon yesi grouu I'll Of Whiea We deem
uatenahle ,
Si H. REGARDED as one seeking the specific perfor1aao % the
contract bcFen and tie defendant II has rome u
tie features such bill It's object 3 1oaEtaeh and sell the de
endsns estate pay the rtuing purchase nouey il doss
not even euoEcea len upon ne land lie clnat re-
arled standing here upon te ftae cong VI pm 20 enforce
rs erfanee Re accepted deed With clvens1t %
rany and has pssssi-n and y in eoud tyn 70 as or &c
conrac- tn, case Cunningham sharp u Hum ll6, 10
which have referred, j. therefore wholly uniiss tS
The assumed I-ou him. t- he did not Freely ami fairly
accept the dea tins, entirely uniOun-d fren NE
recor, have no doua that II was MS paTpsse
properly without payr for it, until saeh time as il SHIFTED his
Nitbsr Is % any foundation for the position assumed EAt
ainant was guilty OF au in the sale OF the Had upon
which ground for The nteTsresee o. court o. sy
. III, 4, 10 & tt he ere Is ne; earnestly nsistei
And Il it were denied in the answer ana not sustained IA
' I'D IN .s,on Z. the covenant OF the general warranty
which vas ali the tide bond rebuiel contains covenant OF sci
zn hts to convey and land is free from iHcunhances
and ii said II pnant had title, COsrt of Caneey
may relieve these covenants because ife vas an s'aae
e1eIge answer to This is that the defendant nowhere,
either I'M h I'm or a alleges want OF seiza
lille in eoriait or the ence a1y valid eaeunhrance
much less does he show any such thing b. proof
lie simply says, the complain mt has fed 70 poee such
title as he is eatted receiye that he is unwilling rescind
the contrast nauuch has gone the Land TO live, and
has made vauable improvements ani he ASKS for an c
ton against purchase money until the complainant ssl
hft title And ia the aeule bill he alleges that
persons y name claim small portion of the land but oe-s not
pre.ed to aver these claims have any validity shatever As 70
covenant against eueumbans Incumbent on tie deicn
ant before claim ans thing uEdcr tin lbs crss bill
70 aver and make proof the paramount tile win al the
Tarculaiitvo OF plaintiff eectnent. l0Wls cyenahts
for Title, El) S1-l note !-4f BueSoTd vs Page Mass
46I Ana as 10 the covenants right convey
vas certainly necessary negative The wes 81 the covenant
and perhaps the proof % take some steps towards showing
breach Of the covenant. k1wie e4-cf -
So that defendant, his bill, te adet IS in TIE
proper forum un the q tse 9th section % the act Ok
is ch 3j, because paant failed TO denur AMI an
sweryet these covenants viii not avail him leese ne has
shown breach % tena.
nut out Of the clse altogether the claim Of Wilkinson
ami any deficiency ia OK the tract, because defendant
al'oFe Tor TIA; in the decree as nGe certainly Is he VAS
entitled to.
INC tei rule however IS where there has heea eviction
Court ChAnccry VIII rend the c1utaetur sty the
collection purchase money! the De free OF fraud
upon the covenants taken. WOODRUFF ys Paige ii9
Johns eh. 2Is, . 10. SO & Hum. Jli-5i9 10, %
And this the covenants have actually broken
unIes The rr iEsolgentn which equity
nav restrain proceeding % collect the whole amount
due for the purchase money and OF st ths DAMAGES ol
~ the breach Of TIE covenants % sezu against sc
unpaid purchase money 9Pa-ef3ii Johns ch Rep ID .
But here complainant solvent AMI there aveut
the contrary
II follows If csnpaiuants title defective defendant
haveno relief in this processing.
But little doubt, o Eba in this record, that
though the title perhaps, IS not az present 81 male OUT As at
defendant would obliged to accept it. IL this aTVlca
ton for specific performance YET that, With proper ami Ia
Dor, a valid title ul,y he shown in complainant
Decree al irmel Wih costs. WRIGHT
Ae5rr, Ct copy, J. P. CLaSK, Clerk