Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-06-27


court shall be satisfied Of the truth thereof such
slave ought be sold il may order and direct
administrator to do so"
In the of Crppn, Administrator, vs. CrPpn ct al
Head I2s from that opinion may be
ted that before decree to sell lands or slaves to pay debts
there shall be account with the administrator OF the assets
ceyd and such e debts charges upon the estate
as be may have paid and such bona & debts and charges
remain unpaid and outstanding against the estate These
facts must be established by proper evidence and the salts
faction OF the Chancellor In this the master appears 20
by the administrator the clerk Of the County Court BY
statute Cods section well former decisions Of this
with the Clerk Of the County Court is primo fc evidence in
S % afcoTntng party and where it forman detail
anu IN all its parts the question appears
D anu WIN al unexoepted to- think NAV far cons
onabe as to authorize the Chancellor 10 ract ~. Of
slaves TO pay the debts Of he All that is required Is
the OF such act in the report sustained by
legal evidence as will satisfy Chancellor Of The it,
ana neJess y, sS In this case is assumed
that lit appears to the Court that sale of sIse ue
Under circumstances this court wori5 rIDuon-
presence of such facts necessary uphold The
Chancellor directing the sale especially IN IL o.
from whole record, it most clearly does in tbI @
that the sale manifesty for the interest minor @
dren. %
sale of the slaves than were necessary 70 ~
the debt seems to have been predicated upon the pay
the PARTIES and the peculiar and obvious condition Of tn
two estates and the number and Of the slaves Tn
the minors their guardians al Item otherwise could &
cOnsent.to the sale; court can clearly
action of the Chancellor the the minors -
the time OF the sale it will not the application pu
chaser and without complaint the part Of the infants in
terpose set the sale aside.
AThe second objection this head is rested upon the fat
that there no formal decree yestng the purchasers with m
TO the slaves There nothing in this objection. In Mary
land, IN the case of the State for the use &C. Krcb<
Harris and johnson that the mutation of an
when tbs may oe aetsTnined 10 De complete
sale Is ratified by the and the
purchaser has complied terms Of it, by payiu the
sentative, if the sale is This opinion has been
followed by our own court In the Elizabeth Hend
the of James B. Jones Joseph Wakup ct al
1885, the court says 1t is the decree divertuS title which
NJ tho
personality but the perfection of the sale by compliance,
of its terms the of the purchaser confirmation
by the court to which it is reported.
Ths act of the court completes the contract the IA
of the property and rights parties are instantly
changed. The purchaser entitled to the land and the for
mer owner TO the money IL is different ber confirmation
1t follows therefore, corrory a Masters sale after
compliance with its terms 10y the court
operates to vest the purchaser with right to real estate much
more under like circumstances would 1t he effective
In these cases the sale, was regular ami S f 10y
on fraud and after the delivery property and The
regular confirmation Ofthe sale operated without dyeur
Of the title to vest the purchaser with void title
2. The answer to the first proposition involve, ,ompIc
solution of the second The right property being xed
in the purchaser accompanied with the he
whether from death otherwise, And this would
according to the adudicaon this before con
hrmation. In the of Newman ". Fred sloan
ct al manuscript opinion by Judge Wright,
As other question whose risk this slave was be
tween the sale by the master, and confirmation by the
court of involving of personal
estate in which has been directly and authoratvey c
died. that the casualties which may bcf property be
tween the sale and continuation must be borne by
and not the purchasers Patton Coward Mric-
report 2225. also authority directly this point
There it held that slave sold al
the risk of the purchaser And in the manuscript opinion
above cited the court says To hold otherwise would IL
to me, be give effect the sale and
must lead to great uncertainty and operate
juriOusly upon sales of this character"
Other authorities might be produced this point but
We deem altogether unnecessary burden this opinion
them The fact that in this the slaves lost the
purchaser of the change the
State, make difference. The destruction u-ti-
tuition of slavery the inevitable result great con
test through which have passed. The
arber and the incidental przehe Institution slavery
the conflict il lost and the people Of the only
registered the decision OF their fundamental
Individual hardshps result but they he borne other
great public caamities, by those upon whom they fall
Affirm the decree of the Chancellor.
MILLIGAN, Judge.
Attest: J. G. FRAZER, Clerk.