Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-20
SUPREME COURT OPINION.
KsoxvLLE, TENNESSEE, sErrEnBEn TEHn, 1867.
rHozAs H. coLDwEIt ATTORNEY eESrRl,l AsD RrroHrEa.
MADISON BALE AND HANNAH j. HALE ". JAMES B.
SHARP EFT AL.

MADISON BALE AND HANNAH j. HALE W. JAMES B.
SHARP EFT AL.
This csuss was upon bill answer October
Term 1866 of the Chancery Court at cambridge and from
the deree Of Chancellor dismssing the BILL complain
ants have appealed to this Court.
1866 complainant borrowed Of deeudaa sharp s70090 In
Confederate Treasury Notes. IN consequence Of which they
and at the same time TO secure and make certain
the payment Of the same, complainant executed and
delivered deed Of conveyance by which they conveyed TO de-
endant Eces in trust three several tracts Of land aud By
which provided that said trustee upon being notified
after giving notice, might proceed to sell said Snd 70 the
highest bidder for cash. and apply the proceeds e TIE salts
faction of said note, &C.
endsnt sharp verbally agreed to res the settlement Ct
their award in writing dated November 18th, lse which
statement BY the parties to US said money conede
money loaned &C. and being instructed 70 settle sail
Outstanding said in dispute Of opinion that for
the hundred dollars with interest from he 18th 81
fed full the payment Of I'VE hundred and dol
lars and ten cents in gesnbac which opinion b our award
iferward and on the 10Th az Of june 1906 sharp
ing notified Ecks provided By said trust Iced kckes
purposes Of said trust and on the llth Of July $50 CON-
trustee from selling said lands aud for general rlf
The defendant sharp in his insists III complain
they patsps eiu IN the transaction, aa therefore
entitled 70 no aaf. ia Court Of Equity Re ilo insists
that this Il an executed csntrsct snd therefore
entitled relief II does appear from the
cord what ground the Chancellor based h feree dis
missing the bill but told in arguments Il upon
grounds Is that the defendants Farteefs
70 an Illegal transaction and must for that reasoi be ree
ID Saving submitted the matters 10 dispute 20 aTbtEa
ton they must abide the award
Taking Hrst ground assigned the basis or Of
the ChanceIors decree this falls clearly within the
principles Of the Of HumeH Administrato st A.
Ward and Yerger decided b. this Court At Jacko n lef
that Il appears that storsr the 18th n Nay
1884, borrowed from Ward the Of So e in Coniec
Treasury Notes in consideration q which De executed
his nJte due at two years. for S4 90 and en- he day
executed deed by which he consigned iegr m trust
tain real estate Is provided BY said deed that Il sioyer
failed to pay said maturity the trustee after giving
notice. might proceed 10 sell said property purpesc
paying the debt having failed ray said
maturity the trustee gave notice and proceeding
sell the property Slower having died In the meantime
Humes his administrator, with the viii annexed and 9er
filed their bill IN the Chancary Court at Memphis, against
Ward and YeEgeT, praying that said sale be esjoine ald
declared Void because Of the Illegally Of me eonsdf
tioD, and that said trust deed be cancelled, e.
The Chancellor upon the grounds o. pnoc policy granted
the relief prayed for and upon appeal ms Nosft the
decree affirmed There % sate 9e1 considerable
aucaatlon 81 opinion both Courts o. law and EIuy but
aeeordng modern authories In general where
parties concerned in Illegal hgreeHeh e other
lions whether they aaa Pgoh1ta o. ala Courts
~ esulfv-feilornl TIE rule OF Law h,
sors Ia common crime, and acting uron kbe i,,-r
r. par paor eoadifi0 defeudenf -
not lnerpaae % grant relief hE VIII leave tn sares ler