Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-06-26
CONDENSED DECISIONS
-of THE
SUPREME COURT OF TENNESSEE
JACKSON: JUNE TEBM, 1897.
REPORTED FOR THE APPEAL
BY II. CLAY KING, Esq.
No .. Pointer vs.:Balsniine. From Memphis
Chancery.

No; Is. Pointer vs:BaIentine. From Memphis
| Chancery.
This was a bill filed to inforee the
vendors lein on a tract of land. There
was q 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 a Judgment at law.
There was publication against the de-
| fends and decree upon a pro con-
fes iS, s,Iace che sale Of the land. There is
] till. irl Si,sroT fbe scet. an agreement by the
s;.i = IIa tool- tfties of the existence
IN fo,srs 80 orl,er sle Judgment at law.
i 4 "a b. t-,1,,d signed is that the decree
y u --kde nj, ,Syssa.suion against a non-resi-
7 lens to tss-IsJpp by proof sustain
! chairman cgatiQ9~Rf the bill. Held {:
gl stated that the rIemtm may require, and
41led by his hOE> in proceedings
Ia state the objecttatad fehd persons acting
acter, the allegations OF
aid that the boarmpported by proof, yet,
Sther -Eequ agreement Of the attor-
q - heaih mt in relation to part
our .EScs, an appearance of the
- "a 8 the case out of the
non I the whole debt was
1s-l nnn Ho55sr rYnd eqt sq-a1a- ma uan
ne called upon AE54 OS0 65. Fln Memphis
pon to know ~ Ona Il tiat Ig Sntractto stranger in
bsn1 suu or + their + upon ene estate of an in
me en- Iesclity, he may be held and
srd "a I Iardian and express trustee
infaha.tOucning the property he
n bus ui wfully seized, and will be
| held4able account for the profits real
\ ized from One use thereof, although
such profits may exceed the rental value
/ of the property. 2. That a tenant has
| no claim for improvements that are tenn
! porary in their character. 3. There can
/ be no claim for Improvements by one
| who is mere iRtTtrderupon the property.
No. q. Mosby and Topp, er Parte- From Mem
phis Chancery.
| Seth Wheatfy's will gave his widow an
| interest in his estate for her life; placed
| the legal title of the whole in trustees.
directing these to keep the estate together
| for the benefit of the benefieiaries under
| the will, with extraordinary powers Of
| discretion. On the death, or termina-
/ ton of the estate OF the widow,
/ the testator directed his property
to be equally distributed between
his children TestatOr directed that
/ in case Of the death Of his daughter,
/ Kate Sanders, without issue living at
her death, her interest should go to his
/ surviving children. Testator further di-
rected that his daughter should hold
| their estates to their sole and separate
use. free from the contracts, control or
dominion Of their husbands. Kate died,
| leaving issue, and her husband, d. ID
Sanders, surviving, held: ]. That the
daughter Kate took vested equitable
estate in remainder, subject to an
/ executory devise over 10 her broth
ers and sisters in the event of her
death without issue living. 2 That
the husband, D. d. Sanders, was eX-
cluded from any interest in his wife's
estate during her life. 8. The will not
clearly excluding his marital rights be-
yond 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.