Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-01-27


them Certainly isal.ays eousraon vhsrsa demand Il
made alters gt lapse q tine, that The parts has besa
during The Whole time shong under legal da0 Pafsss
such % hot however IN many eps
the Of neglect inznton part tbss
who's day il protect their interest We uly in
Guilty Of attempting eliminate any general principle ro ne
muit5e 0feas ne found in the books apon subject q
its special ussnces and much perhaps upon tie par
tieusr consequences which might arse n nsisOo- In
surely should be imputed her male thar
marrei married WOMAN ordinarily rather than
u an liant % eief me tNo Ast nan % ~ idiot But
general practical nature le sicily d down. nor
is expected that abstract justice alter gs lapse
can in al cases m reached for ali parties conrelned Ia : csns
twill perhafs Be- agreed en- ali hands, praeesin-s
ofeourts q justice general urseon sholt h1vs
benefit from presumpons, the curing hand q time, han
omissions 10 private transactions. Representation 10
courts Of justice Necessity OF civilized society and ne acts
Or nses Of the representaye must in some des 3 binding
Gpon the party represented is t then enough hat
John w. iiesi present the friend q The ad EOass,
eosss W Nireaestsr az present. me sa5aan :. islen n
% Is sad % be an IDIOT should MAKE an sa tsat ne new
matter AMI proof, have lately 70 their knOEiedge
&C. IS 10 nass ne alnaAs o. ne la.s1 soIl
-es and Of their husbands Who parties The osai p
oie q the desre ute sh0uld inquire what
ss the knOElegsof Laeus Wnehes.sr, who q the ts
knowiedse ef isejBS, vip5,ste mus s ..si ~ N ~
ne matters nov altered newly discovered commissioner
e sold the lands Weaky and Stewart and also the land
partition n the County Court OF tst county. ns sod
one eighth instead Of 4 u the I39 De ace Of TIE
it't mat two eghhs laid on Ninchsers s he sold
S ares IS st % IN ssysrlly His erossr tasras con
sen uIa y y no DENIED AZ SINE time had an existence In
addition to these things after al uee ais made and
them il is late for married AZ that
thin.s sT- new discovered.
II bound nus be UPON
me Of her agents and representatives, and IN the alb
euce o. all fraud and eoiuson He thHk % mrt be % bouud
OF Buckingham decided by iiarWicke Hacke's
Re. page 6s4. says ease sahstaas ts is he
ledge those Who we're parties at the time tr guardians
and agents and not q subsequent solicitors, e hairs Of the
original party that should be looked to.
But how have the ComPainants azssvd ~ their al
legged want Of lHovEei Il isnos allsg than il = aid have
been better for them that the eh 1903 would
oee sid undivided, than rat should have assigned
them sEd sid in lots Il alleged that they did
full SIN in the division the other st, that Ia
pres ery conveyed BY their brother Yaruas, the ecs
cloud over their right II ii we're rr TO hsss SOIL an unS
ded 't OF tract Of land have sold he sth
eou Is part Of lie R.1se rrsl A o ne n hi stss-,
nesut hat could be derived from bi Tor
upon the iaes Of i.et in rsran . isss
lons The record Eould to show JingE nat appear
have ese counsel On bh sides As The andF5ed ha %
200 acres in Stewart purchased By Lucus Winchester, this
though ordered resod Il all
Asto me two tracts IA Weakey e are bosh desred in tho
petition, though perhaps enormously state lie Henry
location. though probably W@ssleya new esanty AZ The
lime Of their sale The msivseripdon in petition In any
Todd vs. Cannon, sh liumph At last is this in the
ese q me rEnaneI y It be used 90 uraeh tedecIee q
ng but action under that dcre which, whether no
oui 'pugB lit b. u iuapurn ssqasu deeres
hen to them it IS had already arisen
lme- sc Ipun these matters proof ght. &C.
neither new matter nor is the proof Of 1t alleged 10 t neEI
heoverd Upon her rights idiot somiag
Leave to tie bin for new natter vas addressed to the
ound discretion Of the Chsnrelor, which leave
fopery refused How Tar ehgh o. time change Of ercum
tances, the Intervention Of rights and
OF necessary 10 isls consider AS there srs .ri round n
refuse the leave without taxing into such dstons
may we'll le said however, that where legal dscre
will debate, whether he interests
two three innocent persons shou d be suffered outweigh
orable legal position. should the eompsning rarea b
Il. TO The iusNhe rules Of law 10 work out heir claim
whether ChancerV
ourt II Carthage an whether
re Of such character eject bona ole purchasers
md decrecs purc6asss de land
use alleged affecting the original parties The
parties petitioners, and al asvrisvsi IN
quail degree and ike By the dress and
yer their rights might now vary, some barred and others
Of No allegation Is male Of untruess The part purcha-
Of -oluon BY Nhany and grievance aleg.
excerpt that Of the lands have greatly risen Tue.
The hrst error IN ORDER as already 81 ID a. that lie proceed
petition and not by bill and t3t
uetrd as other suits IN equity, required by ne Of s,
treaty referred tn This is question which presented
culty the member the tbs opinion his
IMPRESSION had been that proceed ug ir FIrss eoutsu-
lated ~ the and that petition tarty permis-
Die under is PROVISIONS He thai the ractCs ding
ettor was sanctioned however, y many q The ablest
In The origin a the Court Chancsry, arsaIsio
e wrong done some light withheld, a asking hat
e defendant might lie hruught before him Nodistneion
= and when form had somewhat ayanee ard when the subpe
had been mt oiue prceeains Of This ae-cr ION were ~
he called English bt and finally, simply ah
d in equity, the petition having M OFigi-
proceeding. Petitions hud The sofd lou In Warks
pleading and practice, confined applications
rIocuto character pug suit in equity, orln England
special jurisdiction under Parliament where
ode Of proceeding directly indebted necessarily implied
e Dan eh pr. 'sot Under what called TIE inherent
iwsrs Of Court Of ChanCefy, is rot easy
which Ehoud no require ar,es' coup uant and defend
IT, Tnepfoceeng is always to tert ous Iisht Denied or to
reessed BY another This is uetnrcessry
ider act Of Is. be Necessary and proper proved
er WHEN there is Geiter rs withheld nor wrong DONE but
there exists merely the tei Of hiy, aud Eht-s
ADVANTAGE 10 the dafie Party Of sale e great
lro 81 ooNcLUDED 10 noRRow