Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-15
OFFICIAL.
Opinions of the Supreme Court OF the stat
Of Tennessees at NashVilIe' OeeemOe
Term, 1885,.

Eli O. Fleming and Ohers Matt Martin LOughy and others
The compliments are creditors Of Wm. G.. LOugh>
~ and seek to reach his equitable interest 10 the
tract Of land described for the satisfaction Of their
debts.
Loughry purchased Of Matt Marin, on the 3lst
December 1851, his large and valuable tract OF lard
in Bedford county The eonsideralien was 81 coo,
of which $40, 600 were TO be paid uPon judgments
then existing against Martin in favor Of the Bank Of
Tennessee and others, which were lieu upon the
land ard the remaining S24,OO0 IN three eqaai
anuual payments of s., 900, the hrst TO be due on
ihe lst Of January, 1854. A bond for title was
then executed 10 penalty Of Sl00, 900. Possession
was given immediately and Loughy used and Oe
cupied the place as his own until early IN April,
1854 when he became desperate IN bls eirenmsfan~
ces and absconded and lett the country. lie dill
not return for TWO years -f.
His cI editors which we're numerous and large, not
being able to Fl ID any thing else out Of Hhish 70
make their debts, fled thsse attachment BILLS, 10
subject the equitable interest Of their debtor ia this
laLd Toe frst bills we're Ged and attachments Is
sued on the 7h April, 1884, aod the others IN quick
suece.sion. They slege thai L0ughry hsd paid
large amount of se consideration and 70 ina; extent
has An intert 81 in the aod, aud that af!er the pay
msnt OF Martin whatever msy be due him OF The
purchase oasv they are emitted, rs creditors TO the
balance and 20 sscert ain that they have ri ght to
decree for fbe sale of the land, and an account.
l. That the eOntrac. Of sale was ''annulled and
aud Loughry on the 3Ist March, 1854, and that up
On settlement Of accounts between theh, On that
day ana set forthin said writing the amount which
Louqhry had paid him on the land trade was 10 be
sppled to his other demands against, aad hsbl /
Ties for, said Loughry. SO thar whatever interest
the latter ever had in said land was recessed and
exlinguished. Also. tllatby sBOther written agree
msnt formally drawn up, but TO the same effect,
dated on the 9Th April 1854, The said LJUghry de
nuded himself Of all and sby interest he may have
had in the said la d.
? That he has right to retain the legal title vita
which he has never IaTtej, not only for the unpaid
purehaie money, but for all other debts Que hlA
by his vepdee or disabilities incurred fer h'm, oe-
fore the attachments and that these debts sad hs
bilities win exceed the amount he has received OF
the consideration, leaving no interest IN AOagaTy
even if The sale had not been rescinded.
Upon the decision Of these questions, the rights
OF the parties mus. depend.
The writing of March 81 1854, is severely
contested, and boldly charged 10 be forgery Mueh
proof is taken on the point And among diners,
Loughry himself is examined as a witness We pass
by the question Of competency, which my be doubt
ful. He swesrs most positively that ne never exe-
cnted or saw such paper but admits the signature
is genuine He says about that time, and before,
hs was in the habit Of giving Martha his name IN
blank for the purpose Of raising money, &C., but
does not remember the particular case, but knows
he never executed or knew Ct the existence ef
the paper in question. His credit, then, is i'm
peached, and sustained, upon his general ehaTso-
ter Thirty odd Witnesses are examined, msjQri-
ty Of whom would give him credit. but many would
not Martin on the sther hand, in his answers,
relies upon this instrument, and in response 70 an
amended bill for discovery in relation to it, under
charge that il is fabricated and forged, positively
denies it, and states the Circumstance ander
which it was executed, with minute detail. He
states that he became alarmed ct LOughTy's eOndi-
| tisp, net him 81 Mlrfreeabore, By SpPoiGimsat,