Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-07-24
June Term al JRelIsOB-6lOndensed for
the Har. by ~. a. King, Esq

June Term al JReksOB-COndensed for
the Har, by 81. q. King, Esq.
Pointer vs. Balentine. From NJ emphis Chancery.
This was bill filed to iniorce the vendors
lien on a tract Of land There was deed
reserving the lien for the purchase money on
its face. Two notes had been given for the
price, on one Of which there was judgment
az law. There was publication against the
defendant, and a decree upon a pro coHtess0,
for the sale Of the land. There is filed in
the case an agreement by the attorneys of
the parties Of the existence and amount Of
the judgment at law. The error now assign
ed IL that the decree being on publication
against a nonresident must be supported
by proof sustaining the allegations Of the
bill. Held: That although the law may
require, and perhaps IL does that in pro.
ceedings against non-residents, and persons
acting liz hduciary character, the allegations
Of the bill must be supported by proof yet,
M this cause, the agreement Of the attorney
Of the defendant IN relation 10 a part Of the
case, Is such an appearance Of the defendant
as takes the case out Of the rule, and de-
cree for the whole debt was proper.
Record ys. Curtin. From. Memphis Chancery.
Held: !. That where stranger intrudes
himselfupon the estate Of an infantin equity,
he may be held and treated as guardian and
express trustee for the infant touching the
property he has thus unlawiully seized, and
will be held liable 10 account for the profits
realized from the use thereof although such
profits may exceed the rental value of the
property. >. That a tenant has no claim
for improvements that are temporary in
their character. 3. There can be no claim
for improvement by one who is a mere IN
t-uda upon the property.
Mosby and Topp, er paric. From Memphis Chan
Gerry.
Seth Wheatly's will gave his widow an
interest in his estate for her life; placed the
legal title of the whole in trustees, directing
these 20 keep the estate together for the
benefit Of the benefciaries under the will.
with extraordinary powers Of discretion.
ca the death, or termination Of the estate
OF the wild W, the teslator directed his prop
erty 10 be equally distributed between his
children. Ieslator directed that in case of
the death, of his daughter, Kate Sanders
without issue living at her death, her interes
should 90 20 his surviving children Tesla
tor further directed that his daughter should
hold their estates 10 their sole and separate
Use, free from the contracts, control or do
minion Of their husbands Kate died, leav-
ing issue, and her husband. d. d. Sanders,
surviving, held: l. That the daughter
Kate took a vested equitable estate in re-
malnder, subject to an executory devise
over TO her brothers and sisters in the event
OF her death without issue living. ,. That
the husband, ID. ID. Sanders, was excluded
from any interest in his wiie's estate during
her life g. The will not clearly excluding
his marital rights beyond the death Of his
wife, on her death his marital rights TO her
estate vested, and he therefore became the
absolute owner Of her whole personal estate,
and tenant By the courtesy in the real estate.