Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-09-27
Proceedings of the Supreme Court,

Proceedings OF the Supreme Court
sHAcKLrroED, NILrIcAN AMI HAWKINS PREsDNG.
Saturday, September 9Th, 1865.
Christopher Naubuss in CTrOT John ". Bambolt an
Matilda Nanhuss.
LAW CAUSE
Baxter aad Champion for plaintiff in error.
Thomas A. R. Nelson. Maxwell and Millgsn, for de
PENDANTS in error.
Maynard-spocial Judge, delivered the opinion Of tn
Court.
Contested WilI-Judgment of the Circuit Court Q
johnson county, affirmed.
Thomas Day, in error, vs. os and Cahurine Johnson
EXCITEMENT
Continued for want Of counsel.
Navor and Alderman Of Greenevillc In error, ~. VI.
Patterson.
Continued iOr want Of counsel.
Philip ". Bcwley, IA error David n. Cummings
Continued for want Of counsel.
Bank If East Tennessee vs.. +. W. McGayock II. J
Mckinney ct ais.
Continued for wGat Of counsel.
John Janeway in error, Is. Stale OF Tennessee.
Forfeiture set aside upon proof Of the death Of John
Janeway.
N. Safe, ct ais.
EXCITEMENT.
Los o. Transcript suggested, CertiyTar awarded
bring up the record from the Circuit Court of Rosne
county.
Jonathan Cook and Allen Baker w. Sarah Cook.
BILL FOR DIVORCE.
Continued Tor want Of counsel
Monday, September 18th, 1861.
Robert Cas-, Carter county. Henry Rich
srdson.
Action Of trsssFRss from Carter county.
Thos. \. K. Nelson, for plaintiff in error.
Maxwell and HlFegan for defendant in error.
Maynard, Special Jsdge-deliycred the opinion OF the
Court:
At the March Terra 1901 Of the Circuit Court for said
county, verdict rendered and Judgment pronounced in
favor Of plaintiff for Eve dollars and costs.
Tho perceivng in the record, the udg-
ment Of the Circuit Court was affirmed.
William Shields In error, Greene county, the Justices
of Greece county and James Evans.
PETITION FOR THIRD GLASS PUBLIC ROAD.
Thos. A. +. Nelson, Maxwell and Niligan for plain
If in error.
Thos. D. Arnold Tor defendants IL error
Shscklofori Judse-deivered the opinion the court
The Judgment Of the Circuit Court in Diminishing the
PftisiO, will be reversed, and the remanded 10
he Circuit Court Of Greene county for friGL
William r. Hatcher, in error, II. ". Miard. Execu-
tor Of Reuben B. Hatcher, decd
Sullivan County.
Logan & Logan, for defendants in error
Millegan, Judgs-devered the opinion Of the court.
This case Of contested Nuncupative viii tried
upon issue Of acsavjt rel o in the Circuit Court Of
Sullivan county, its March Term 1851, and brought
BY appeal in 70 this court.
The only question Of any importance presented in the
record turns upon the sucioncy Of the proof and the
accuracy Of the charge the jury as 10 what is called
technically the roggt3 cstiE Of nuncupstive viii Of
tered for probate. In Of Gwin, al vs. Wright
uI the says One Of the witnesses was directed
by the estator inform his friends hst in the disposal
Of hs property, he wished his sister Elizabeth, TO have
his boy Isaac. This was considered equivalent TO 2
special request Oh the part of the tesator 10 the witness
70 bear witness thereto, and established estamentary
act In this the proof Is direct The tesator
requests all the persons 10 leave the when be waE
confined except the executor and the two Witnesses and
hen bad Willard, the executor aroused from sleep, and
called 20 his Bedside where be gives him full instructions
10 The disposition Of his property.
While We do net desire 10 extend the ruling of this
court in Of Suncupave Wills open the door to
frauds, or unjust and improvident requests, made IN
ess, are satisfied this fails within the author-
lies above cited
james +. Pace. ia error, rs. Mayer, Strouse Baum.
co-partners. sc.
Application for msndamus to the Circui, Court Of
Hawkins county. The application was granted under
the Act Of General Assembly May sth 1851 Defendant
James f. Pace, who Justice If the Peace for said
county, appealed to this court.
The declared said Act Of May Sth 1851 uugyn-
-ututona By the ID and sth Sections Of the Sched-
ule IL the Amended Constituton-the Declaration Of
Independence and Ordinance Of Secession as well as all
laws ordinances and resolutions, and done prsu
anco thereof under the authority Of the Usurped State
Government, after the 9Th Of May 1901 and declared
"-Yco1stitnt9ua', null and ryF from tlg bsgiu,fqc'-
This is conclusive Of this case. Judgment affirmed.
MuLEGAN Judge.
James. branncr, c; al, IN error, Leland Davis.
Jesse Brooks rs. Rachel Salts
q Jhn habcr CT al, ". John " Gass, CT al.
Il. D. Beard and Daring Jones VS.. Joseph T Mason.
Bank OF Virginia ys. c. a James +. Pace
John McC8mp5el and wife Jane McCampbeI Vs. John
q. EaTuSworth, Charles Brown ana Daniel Smith ct al
4AtsC cases are tululueQ Tor want Of counsel.
William :. Thomas Susan Thomas and Susan Thorn
William :. Thomas.
b. tross-bill, Amend and Supplemental Bill. Both
parties appeal From Sullivan county.
FOR DIVORCE.
Ibos A. Il. Nelson. Maxwell and Nile-sn Tor William
S. Thomas.
James ". Dcaderick, for Susan Thomas.
Maynard, Special JUdgc-lcycred the opinion 81 the
cCuT.
yery elaborate opinion wa pronounced in this cause
TIE ,ompldnants bill viii be dismissed divorce from
oed and board only viii be granted to Susan Thomas
lc VIII be allowed the several Of money decreed by
he Chancellor 10 her out Of the her father and
ne price Tor whlch the black girl given by her father
" -eF children were Sold 70 be refunded by her husband
ana h secures Her counsel fees, both. in this court
ara the court below, viii be paid by him The residue
% me dtroutc share in her fathers and beyuest
lheeT me VI" OF her mother viii he paid her. The Gus
tody o. J1e children viii remain heretofore the elder
VIII ne lancr the younger With the mother. She Is al
cEeo a. aony semi annuity Of four hundred dollars.
coIDclueAt III ume ot payment, with the semi annual
terms @ Tue Ohanccry Court at Bl0untYille.
The conh ey ance made by the complainant cannot stand
The ahmcny allowed viii constitute lien 1r,7 tIs ,,Tr
cry embraced IL them. The entire cost, The 80 l.
both courts viii be paid by her husband ANA hi. r
i've securities, and the viii be renap8e5 ~ III,
Chancery for the execution and enforcement of Al,
decree.
Daniel Lipy ;. Richard Mitchell, Bill, ana :. D. 4 "
3. Mitchell We. Daniel lipe Ell ais, Crcss-bin
Continued I1z want OF counsel
Lewis Garrett Wm. u. Cooke and others and jaime,
X. SiuVI1u and wife, ~. " IL. VI. Cooke, ct ais.
Continued for want Of counsel.