Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-10-09

H. coLDwELL, ATTORNEY GENERAL AND aaFOKTER.
WILLIAM N. MCCARTHY ct al, MARY ROBERT KYLE
and MARY ROBERT KYLE, by her next FRIEND vs. Will.
! LIAa n. MCCARTHY ct al.
These which consist Of bill BILL we're con-
sodated with the Of Mary Ruth McCarty others
james White, administrator Of Robert p Kyle deceased
all heard together under the following state Of facts and
peadngs In the winter early part Of the spring Of 1855
James P McCarty who is dead, and who is the father OF
the complainant in the original BILL and the defendants in
the BILL entered It appears into negotiation with
Robert Kyle who has also sncs died. whereby he agreed
exchange the farm he then resided Hawkins county
estimated to be worth the time 5000 to CO., for
the interest which the said Robert P Kyle owned in
of land Oarrol county Virginia. and which
supposed TO contain large quantities of copper ore Of
great value These easss held by Joint Stock Compa
p Kyle On some OF them the presence Of copper ore had al
ready been demonstrated and the excitement consequent
Of sudden wealth by single turn of the wheel Of fortune
the record discoses vested their capital freely in these lands
Joint Stock Companies everywhere prang up and the shares
Wild excitement Mccarty the Of the CON-
claimants who is shown to have been sagscious business
ABOUT 5000 Of personal property which composed the bulk
fortune for the onehalf interest of Robert the
At the time Of this transaction neither Kyle or McCarty
had the copper lands in Virginia. They to
judged Of their value by the prices at which copper lea
in that locality were then ruling and the general st
mae placed upon them By an excited community
Son this negotiation, MoCsrtys family to
Rogersv and r. p Kyle entered upon the tract Of land
se of stock and other personal property which NC
Carly it is alledged was to give him fer his oneha pt
rest the copper ninss in addition to his real estate Nc
Carly about this time, visited the mines in Virginia. and az
ter inspecting them expressed himself fully satisfied with his
fthe "Unon Mining Company, and attended and parte
hopes Of future Wealth Was suddenly termnsted bn seStb
He never returned to bis family but died in Virginia. ntes
tate, on his arst visit to the miaes.
Soon after his law brought ectmsnt against Kyle
who then possession OF the and pending which Kyle
Afterwards in November ls62 compananis az heirs
at law Of James McCarty deceased Sled their bin in the
James White in which they allege that James NcCsry
the ANCESTOR the of the land in controversy at his
DEATH and that his family removed to Rogersvie he
and that p RyIs had vitboTt snv snsr5 an
GA the land, and continued to hold and cultiysts W until
ms DEATH in 1861 The ill sought account for rents aud
profits but before was determined the late war super
Fened and suspended the action Of the Court The record
and papers in the action Of ectuent through the casualties
the var were lost or destroyed and in 1886 the complain
ants fled another bill against Mary Robert Kyle the infant
and sole heir at Law Of r. p Kyle deceased whieh
me ucon Of the record IN the eiectment suit = ecitsd
ana re oss sought to be supplied This bill alleges that the
Of the parties in their lifetime commenced neg
tasons Tor the exchange OF Mecartys and IN heWnns
county for the onehaf interest Of Kyle in the Virginia cop
isnia and died before the contract was closed Or
auesd 70 writing and that r. r. Kyle entered upon ths
and he and his heirs 81 law have held the ana
received the cents and profits ever since.
They further charge that MeCarty greatly decegea n
me value Of the mineral lands held b. the Union INNING
aaa that they have proved very expensive ana 70
To this 5i Mary Robert Kyle BY her guardisa,
and hed ansVer bill in which all the essential
in gsr ana b way Of eros. bin she alleges that
the Of sale between father and McCarty, In their
lifetime censummafed and reduced 10 writing, wech
has been destroyed and that her ther before
his DEATH possession Of the land With the ah appr
ton and approval Of McCsrty and asks that tne possession
be restored If tho evidence Of the conret Va seo ana
only title-bond that Il be specifically executed.
In the answers to bin It - dened that any con-
executed but Il is admitted thaa memorandum
Sin pencil was drawn up aid Ia the preparation Of IL
bond, which afterwards to Be more formally written
put the parties disagreed and no further writing
sver executed.
The Chancellor deereed Tor the comPainants from which
IA appeal In error is prosecuted to this Court.
Three prominent questions are presented in the record
me inst question Of fact and the other qnens
10Th Of Law aud fact
l. The first qssson + purely Of fact and les
hreshhold the What the nature Of
ion J. p Mccsry and r. p KYLE Was the con-
Of title 20 the land s bond merely OF
IN agreement TO convey
But little light she'd % this quessop IN the peans
me original bin have dees that there stsI vas
u title executed By TIE parties IN nef NE
Inc: aud the answer is 1ied cross Dill AYERS
was either bond for tte whle na1 beH os
Il se.trre Tf- anvver bill admits she ex Is
ence f neiasandum the contract Sin peac but ayers
vas formally sxscutsd-
The whels question the prcof Il dsnonstra
3D. beyond Doubt the existence 81 agreement betweea