Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-09-20
Proceedings Of the Supreme Court.

SE,cxrrropp. MnI1eAs AND HAWKINS PRESIDING.
Tuesday, September 18th, 1866.
East Tennessee snd Virginia Railroad Company VS..
Enoeb L. Mauk.
l.s0 Was cOntin ued until next term, on account
Of ,bo absence Of the defendants attorney.
g;5oon M Hazsn vs.. David SEWER and R. H. Hodgsden.
Tbs 5ssth Of defendant Hodgsden was suggested.
Richard Humphreys vs.. John Rhes ct al.
Death Of defendant John Rhea, was suggested and
saHv Willis, widow, &C. Vs. John LoOney ct ais, and
R0bt D. Powell Admir- dc, vs.. Sally Willis ais, and
" ", Willis Admir-, &C., Sally Willis ct ais
Death Of R. d. Powell, Admir- &C., suggested and ad-
nitted and the revived in the Of George R.
Powell, Administrator, Dc Jouis Of James Willis
deceased
Wednesday, September 18th, 1855.
William Gilbert ct ais vs.. James Perry ct all.
Continued for want Of counsel
David n. Tate vs. William NJ. Gray.
Death Of defendant Gray suggested.
Iarkin Willis VS.. Waitmau Frazier.
Death Of plaintiff suggested and proven op'a curt
Isaac l. Nave vs.. J. J. c. Nave.
Death Of Isaac i. Nave suggested and not denied.
Thos D. Arnold We. G. W. Nelson and J. +. Deaderck
Administrators.
Continued on account of the absence Of counsel.
Bank Of East Tennessee VS.. X. W. McGavock, Il. }.
Mckinney ct ais.
Death uf McGavock admitted in open court.
John Mayors ct ais vs. Archibald Leger
Continued for want Of counsel and Clerk to notify the
An. c. Taylor We. samuel Lusk, A. Perry ct ais.
Continued for want Of counsel notice to he given by
the Clerk.
c. and f. Greene, Executor and Executrix Of John
Greene deceased, Abraham Jobc.
Hawkins, Judge-Dclivercd the opinion Of the Court
Thos. A. r. Nelson, for defendant in error.
Maxwell and Millgan, for plaintiffs in error
In this case there verdict and judgment in the
Circuit Court Of Washington cOuny-tO reverse which,
appeal prosecuted 10 this Court And 1t Is now IN
that the judgment Of the Circuit Court Il errOne
Gus and should be reversed because there is no proof IN
the record upon which the verdict can be sustained
deposition has been transcribed by the Cerk OF Inc III
al info The
and il relied upon show that the verdict Is against the
evidence &c. -, - ;. :
well settled by Of Judicial Decisions IL Ienne
see that before exomporRnCous matters can become
part cf the record, they must be made 20 Gy 9l o. eA
ceuons or in manner authenticated oy Inc JudSe
No such thing having been done in this case therefore
tho deposition referred cannot be regarded as part OF
the Record in this case The Record does not snow
upop what evidence the verdict was based-the pre-
sumptiop i therefore, well founded and unless inc
contTarv appear the further presumption is that the
Judgment Of the Circuit Court Is correct-and IS there
FRIDAY, September 18th, 1865.
y.lso, smthpster, Executors Of Michael smithpeer
vs. William and Hiram Smihpetcr.
Tbog. A. K. Nelson for complainant
Maxwell and Millegan, for Defendants
gbackleford. Judge-Deliyered the opinion:
Michael Smibpeter died in the county Of johnson, |
On The 23d Of October 1856, having made his last will
and testament which admitted to probate In his |
viii there is the following bequest
1T is my will and desire that Susan and Lucinda shall
he emancipsted if the laws CT the land will permit them
20 remain in the State if they either Of them shall
prefer to 20 to free country and not then they shall
have and enjoy quasi freedom in this country and shall
have the right o. managing and working for themselves
and il is my wi further that my executors shall pay
each Of said negro women the Of two hundred dol
lars out Of the irs monies which shall come into their
hands and allow them IN addition thereto, their clothing
and ali the household and kitchen furniture, which they
or either of them shall have on hand at the time
oE-Eqy death"
bill was filed in the Chancery Court Of johnson for
construction of the Will by the Executors: decree
pronounced declaring the slaves Lucinda and Susan free
and directing their removal 10 the western coast Of
Africa.
Afterwards, Susan eectng to remain and 80 into vol
uutarv e-vUde under the provisions OF the Act OF the
cath Of March, 1858. \ Supplemental Bill was fled by
the Executors claiming Susan and William Ross,
the shd Of Lucinda, she being used the property Of
the estate The Court below dismissed the Supplement
al Bill and the Executors have brought the TO this
Court by appeal.
It's unnecessary determine the questions raised in
The record in reference the right Of the girl Susan to
20 into voluntary servitude The amended Constitution
Of the State Of Tennessee adopted the 22d Of Febru
ary 1885, prohibits slavery voluntary scrvudc in the
State of Tennessee and has ceased forever to exist By
the will the slaves Susan and Lucinda were entitled to
their legaces Of hundred dollars given 10 each with
the other articles mentioned. Lucinda having died.
leaving her child William Rosie Is entitled 10 the in
teTests OF his mother.
Susan and Lucinda having been hired out from time TO
time, arc entitled to the proceeds Of their hire.
The cause VIII be remandcd 10 the Chancery Court Of
johnson for proper accounts.