Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-13
SUPREME COURT OPINION.
KsoxvILLE, TENNESSEE, SEPTEMBER Tern, 1867.

KsoxvILLE, TENNESSEE, SEPTEMBER Tenn, 1867.
THOMAS X. GOODWILL, ATTORNEY GENERAL AND KEFoRrTR
JUDITH LEE by her next friend, CONE ADLER, ct al
This suit brought by the complainant married wo-
man. ia the Chancery Court Of Jonesbory'.
The bill states that she Is the owner Of three slaves Nnea
settled upon her for her sole and separate use the
known, and were in the possession Of Cone and Adler
ants enoinsd from selling dsposng Of said slaves that
they be attached and placed in the hands Of receiver and
hearing the said slaves be deereed to her free and apart
rom control and dominion Of her husband who we
marty defendant TO the BILL the pretended title Of
Cone and Adler be declared null and void ana that hey
count theAus Of said slaves aud hirs II they have
them and for general relief Upon the hng Of the bill an
attachment issued and the 9oth Of July 1868 two days
after the filing of the BILL an order was made OF
by Chancellor, appointing receiver who was
70 take said slaves ist9 MS PSson Com, The bill was Ia
ken for confessed From the testimony OF the receiver "a
fsn in the cause who he received the slaves
&c. ths mspe of the order and hired them out for nine
Months 70 80 Wds. About the expiration Of that time
rss SoptPol over them The CLERK directed TO take
proof and show the facts how the defendants came nv
directed to examine the defendants Cone and Adler ,
Il appears the report they purchased .ns yes
before The filing OF bill At the time OF the purchase
they supposed Hawkins had s9oa onesboro being
advised BY counsel they removed the slaves noI'
an The eenntry Upon the fling Of the bill, they ae'eTeu
Tp title Of the complainant clear and
Upon the hearing Court Of opinion the pn
by her bill having attached the slaves and placed
the hands of receiver they having been
81 S tie necnle on the ed Of February, 1862 was net
lied 10 recover the value that the deisndan were
for the hires. decree was rendered sgsi t;n n IN
hires 70 wiids Both:partes appealed from the decree
We think there is no in that part o. lRe
which defendants held not to be Liable lot "
mn, sstipue bill to recover the property specie
% r.ver Of the bill is specific that they be places IN IN
hands q receiver and hired out And upen the hssn
hst her rights be declared and they be settled upon her
ron Ine as & had oS The slaves she asked that the,
] h.f5f hfsf fort
could the specific property that she asked 70
smplainant cannot dissent the hearing TO the relief
has sought snd under the general prayer sa rse o. AZ
by the bill WILL consistently With the rules Of the Court
maintain the relief lst Daniel onsnSsry IT @ IS ~
bin Contains charges putting facts at issue that are material
& rs bs rsps-si PRAYER tut he cannst the sPe
che relief prayed for, and prayer arc -
thisearse and suing out attachment and placing 70
property in the hands Of receiver the
placed il custods es and the defendants were thers
NV sivesteS Of ali coutro Oft The orteus tsknS o. 2ro
soss net change the title unless the owner elect 60
rss IA such being the rules Of law n whom Nss tne l
sHs5 ~ complainant had clear and ungnes,ionsolt
~ in re properly, aud she, under the settsS as.
m u,t as she elected to take the possession q ~
property The defendants in their purchase rem NJ
the slaves The Possession takentfrom them ana ~
complainant had BY sling the b ss.e . and :itle
ihoEgh 10 slaves in custodie legls' nc l5
--tss- dc titie 6s55r e. n a sr saa hsl1 ss ~ IA
principle was ssied BY this Court n Carroll " theI
manuscript opnion e. jackson, 1851, and Young vs.
a. Nashylc i5tt See ae3 Nesey $40 and II Nest
M thiEk there s proef that rart Of b
Honors decree zhich The dendants charged vii
the hires after the negroes were placed IN the hands Of
cevsr They longer under or subject to the control
the Attendants proof that they
rsl over them only five days elapsed
chase of the slaves fling Of the b and the dexcrn
on them 70 te receiver Aer they passed hand
be charged with hires nulees they
srcea them, and tho record does not sbo
s possession the expiration Of Wds hiring u
vii be remhnded for eceount % the hires While
the dsnGABts In all The hes will be reversed, and In
= other matters hfarmel.
Ell Atrue copy hhAVhhLfVhDi
Tsas sndge
M, L. pAfgEsses, Csfk.