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

JUDGEs-SAM MnLIGAN, JAMES c. SHACKELFoRD
AND ALVIN HAWKINS.
THOMAS II. Caldwell, Attorney General and Re.
porter.
| PRICE CURD and wifi, administrators, &c, BETTE
BONNER, ct al
This is bill filed in the Chancery Court Lebanon,
2t June. 1852 by the eompsnsn administrators
of E. B. Bonner deceased VIM E. T. Bonner minor and hi.
guardian, Allen Dard and Alexander R. FonvIe admins
Z. B. Bonner the
the ntesate Thomas E. Bonner deceased. pay
with prayer for general relief
tesate in January 1857 leaving his widow Minerva Bon
widow qualified administrative his estate and
thereafter ntcmarried with the complainant Price CuTd
The SON Ed r. Bonner after the death of his father also
intestate leaving widow Bette Bonner only
child William f. T. Bonner surviving his distributes
Allen billiard appointed guardian of the infant child
wife, in May 1859 settlement with the Clerk
with all the assets of the estate including account of sales
and the proceeds old which had been applied
payment debts cretng with all
TO he = OIL 10 outsandin debts against the estate for the
of which there personal assets in the hands
the administrator.
bill seeks sell the preference the
slaves if such sale lawfully b. ordered without preu-
dice the minors but if not then asks the of all the
slaves and an order OF court spprong so much OF the pro-
ceeds may be pay the debts of the The
minors all brought in by service of and answered
by their guardian jointly with the other Defendants In the
it is insisted portion of the slaves sold to
pay debts that all shall be Sold and the proceeds after the
payment of the debts be divided according to law
On the ith OF January 1862 byan interocutory order
sae necessary to the debts OF the estate The Mas
directed report that of the court, which
done and in his report he states that he had exam
ned the settlement and inventory Of the administrators and
found that the chatte property and other coming the
Of the estate and that the slaves pay
distribution the parties that all the parties
can be made between the slaves selecting any particular
f IL and that sale Of the entire slaves shoud be made
The the Indebtedness is set out in this report
the day it filed regularly without ex-
cepOn in all things confirmed and decree pronounced d.
rpCtin he sal o a
Pus1ant to this Decree the ster February,
$780, proceeded sell all the slaves, and made his report IN
proper form, setting the of the slaves sold TO aen
purchaser and the price of which each was struck on
which the 18th Of July, 1850, regularly
without exception by the Chancellor But in the decree Oh
the confirming the report of sale the title is not
the purchasers But appears
that the slaves were ali delivered to purchasers the du>
U th Whom until the amendments the
Constitution ratified the I'D OF February! ' was o
No further action appears have been taken in this cause
July 1850 at which the master ale wa SEn
his petition thereafter, the 18th Of Octo Ger loo III
amended and supplemental I ra, JAZZ and DGt
las at the price thousand dollars, four hundred
% was bald in hand and his note security executed
xbIs in Twelve months from date remainder The
petitioner admits that at the date Of the SAFE tn
placed in his possession bat since the morton Ts
against judgment the note, ne has %
that the nterlocutory decree ordering " rid
which the chancellor could predicate decree directing
the sale Of the slave: for the & IN deG' b OF er
of Thomas Bonner deceased they must bear the loss alice
ted by the alteration in the Constitution.
To The original and supplemental petition the defendants
and either deny avoid all the equities therein set
M and relied upon. The Chancellor held the sale valid and
pronounced judgment the against the petitioner and
his securities the unpaid purchase from which
there is an appeal, in error TO this court.
Under of facts the controlling questions are SUD
mitted for determination: -,
Isl sale the slaves regular ana Nal anu opera
tive to clOhe the purchaser with good title without Tor
mai decree of the Chancellor dvesting and yestnS the title
"a If the title or property fails without the default mis-
conduct the purchaser, there be recovery on ms
note?
necessary to discharge the debts Of the estate and in the bill
a. bfor shown alleged that if the slaves must be
ted TO for that purpose all should be sod and after paying
the debts remaining proceeds distributed according
law The and the application made under
the code section 27 and The proceedings formal
and no exception taken that But ground
of objection the nsuciency evidence upon
master prdcated his report No witnesses appear
been examined and nothing shown the report
been before the MASTER except the inventory
Element of the administrator with the Clerk the County
Court Is this sufficient Does il conform to the
of the assembly confer the Jurisdiction ON
To- tLaIr txaftl