Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-22
DAVID Y0UNe Ct u V. r. 2. THOMPsoN.

AND ALVIN HAWKINS.
THOMAS Il. CALDWELL Attorney General and Re-
| porter.
DAVID YOUNG ct al vs. R. E. THOMPSON.
David Young al filed their petition in the County Court
of Wilson county, against Milton Underwood pray
ing for the sale of four slaves for Of distribution
ceased and the March term 1852 court,
in said directing the clerk Of said
months taking from the purchaser notes with securities fE
the of the purchase the 500
which was required to be paid in cash. and make report
term, court proceeded 70 sell said slaves on tbs
Thompson, became purchaser of one Of the slaves Ama
da at the price of $780, Of which he paid $50 time OF
security for the payment Of the balance dae twelve
after date and payable to the Clerk.
No other steps appear have taken cause until
the January term of said Court in 1885, when up
to all h AND %fH sS oFsrs gps1 s
cause be retained until the further order of the
alleging the sale and purchase the execution his
and the confirmation of the report Of the sales
steps nave 1een the cause and that his note remains
unpaid The petitioner further there has
of the heirs of Petway vestng the same in him and asks
the court to set aside said sae and discharge him from
upon the ground that BY amendment the Constitution
the State adopted the 2d day of February 1865 slavery
involuntary abolished and ali slaves ENAMEL
pAted and consequently the court could by Decree
any::tle to said slave in him.
At the following September court said cause
came on to be heard said petition when it
note be Cancelled delivered up an appeal
prosecuted TO the next term Of the Circuit Court for W
Afterwards and at the November term 1860 of saiS
purchasers at said sale and their securities OF the ot @
the purchase money when the court afr rendering udg
ment against the several purchasers Of ne other sas
ruled the motion against Thompson and his security the
ground rnas at the preceding seFteber decree
payment OF his note from which of the court In
September term ls6 Of the Circuit Go9 8P r W: A
county the appeal prosecuted that the order Of
County Court releasing Thompson purchase was
dismissed from which appeal prosecuted this court
Tbs I'm, ARE 0y soaen heard together
County Court have jurisdiction grant the relief sought by
thompson the purchaser Upon this branch Of
apPrehend there but little dcuy if former adud
cations OF this court this point regarded
Young filed his petition in County
y seeking be discharged from the purchase ola slave
made under decree Of said court and TO have the obligation
given BY him for the payment of the purchase deliver
ed to him the ground Of the unsoundns of the slave
and conseqent failure Of the consideration and aledDg that
be defauded the sale In this argusd ad
dtion to the ground stated IN the petition that consequence
of inequalities in the proceedings the sale Of the slave
void and communicated title the purchaser But this
court declined to consider the either Of the grounds
assumed In the argument saying, f the positions adj
upon different ground the petition dismissed
that is the entire Jurisdiction the County Court
tons 20 Ia0 of the Code the Lerislatur intended to con-
fer upon the enlarged jurisdiction upon this subject
and give it the give relief in such cases and TO
hear petitions aside time whilst the
any purpose admit pausbity othe
argument But the Of Bond Clay, ct al I'd Head,
this question came directly before this court when It was held
that these sections merely declaratoIy Of the law as it
Court upon the subject without vesng In ha any
extended authority and the assumption
enlarged jurisdiction was be conferred upon the
County Courts, was wholly unfounded Upon careful exam
court in that but its correctness doubtful
settlement Of the question. But Of
Young shumate and Bond vs. Clay, not authorities
in the because in the former tie reports
had not only been pronounced yeng the title in the purcha
sers, but We think that can make difference.
Before the confirmation of the report Of the sale the 10
incomplete and the County possess the incidental po
sale, the purchaser having complied with the terms nor th
complete the SALE but At least the sale only
settled doctrine upon tb utt Lss been the well
by this the present term the ally recognized
Bonner. And if the confirmation Of u o. Curd and wife
complete the sale but the p e reports not only
property eectuay Decree dehsser title to the
terms directing and vesting re Us aee ana IN ex-
We are, therefore, Of the oPD' on d 1 rule
Tbnwnon ~ Co nj 9 % of the 10 the petitioner
the sale or 70 order that the note be iv ~ ~ SCI 1
pnrcbaser b. P' or cancelled any
oo"7 That the order that effect made at tho september
not in apy 1s county Court was nulit sad
II Is also Insisted and Correctly csss
order or judgment Of the County Court.
section CT the Code provides that any person dssat-
Court may pray appeal to the Circuit Court ohe County
This we think is done in the following section which pro
des that Sin all in which the jurisdiction of the Coun
y COURTS with the Circuit Chancery Court or
in which both parties consent the appeal lies direct TO The
Supreme Court These sections expressly right az
appeal and the latter section expressly declares appea
les direct 10 e Supreme Court In this all the jnrsdic
ton passed by the County Court is concurrent with bat 81
Circuit Chancery Courts and therefore the ppa M IL
rectly the Supreme Court and the Cirnt Cout t
in this it make but little difference 10 the PARTIES in
asmuch as has been already shown order from which N,
appeal va taken TO the Circuit Court for want
iurisd.cftJn in the County Court. OF
90 not hnk the petitioner entitled relief n
Ine OF iact as stated in his petition The sale b
confirmed and thereby the tto 70 The slave became een
MN ana ne became the thereof without any fTtba-
oe OF decree OF the court and consequently the los
Siav
70 the Constitution Ofth State,
hoW seem to be loss must fall him The Comfy onrt
ought upon motion, to have rendered judgment against the
purchaser of the slave the unpaid purchase money ana
this court will proceed render such Judgment "a M Comfy
Court ough; have rendered The petitioner viii pay the
costs Of the appeal from the County Court court and
Circuit Court
Attest J. c. FRAzER, Clerk,