Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-12-09

in law of the inestste and The other against William
Powell who is also son.n laW Jacob Honse eecsas
ed ana both OF whom are compsiasnts in the causes
when are consolidated and heard with this The
defendants in the actions at law each plead toe de-
claratons The complainant House plead ain short
mi debit payment and set of, but upon the trial,
which was postponed in consequence Of the until
1865 be withdrew his pleas and suffered judgment to
against him by confession for the Of S. 1889
with costs Of suit The defendant Pitt by way of de-
tense 80 the action against him, relied en- the unt9und
Of the negro for which his note e1eeutsa and
that his wife distributes the intsstates Estate
and therefore Judgment ought be rendered against
him until the distrbutive interest Of each hei7 had
been ascertained. Powell in bis plea, relied OF the
fact that compound interest had in the renewal Of his
note, been computed against him, and also upon the
general defense set up by the defendant Pitt These
pleas unavailing might readily have beer
supposed their trial, and Judgment was rendered
against Pitt for the of $3,537,s0, and against
Powell for S3IS7,S3, with costs in each case.
Under this general state Of facts, these bills were
fled IN December, 1856, more than ten years after the
execution Of the original notes, to have the price Of
the negroes for which the notes executed, de-
elared Announcements made by the intestate, in his
lifetime, TO the complainant The administrator and
portion of the heirs resist the objects Of the bill and
insist that the judgments at law bona fde debts
against the complainsnts and that the notes upon
which they were founded cannot be regarded ad
vsncements q 4 III 4 ~ & ii ~. &
1t is shown in the proof that in 1885 Jacob Eouse,
being advanced in years and the Of consider
able number of slaves, determined to sell OF portion
Of them, reservng for himself such as he supposed
necessary for his comfort and support for the
mainder Of his life. To this end be caused public
tioe by printed haBdbils of. the time and place Of
sale to be given, and the day appointed large
crown was in attendance The sale was public and
open TO ALL without restraint limitation upon the bid
ders Every bid cried by the auctioneer and each
slave knocked of to the highest bidder Bat it hap
pened that the children and sonsnaW Of the ntestate
bought all the savet that sOd and after the sale
the several purchasers executed their notes Cor the prop
erty pnrchased, with oct security, due and payable twelve
months from date Bills Of sale executed 70 each
purchaser with Tauantees of title, but without
/ tees Of sounduess and the slaves delivered.
1t further appears that the old man. prior 10 the SALE
repeatedly said he desired all his children to share equal
in the distribution Of his property and that he too
old to manage his slaves and he did not desire to assume
the responsibility Of dividing them among big children,
SALE and If hey wanted any Of them they could buy
such they wanted, and if not else would buy
/ them.
1t appears also that he said he did know that he
would collect the notes executed by his children for
the slaves but he would hold them receipts to show
the they had received of his estate and if he
should need the money, he could collect much of it
Now it is insisted in arguments that tese facts which
in accordance with the averments In the BILL show
that the sale mode adopted by the old OF ad-
vancng his children, and that be intended to fix
upon them obligation to pay the notes executed with
the accruing interest.
The difference between the claim of the complainant
and the demand of the Administrator Is very material
for the price Of the slaves purchased by the former are
10 be regarded sdvsncemens they will be estimated
in the distribution Of the estate at their value the
price bid at the time Of the sale, but the judgments
treated debts they will of carry the accumula
ted interest the notes, and also sueh may have
crued on the judgments since their rendition. Buan
vs. Dickson, g Yer. I12, 12z -
But the question whether the grounds relied
in the bill-a other questions out Of the way-are saf
Gent to constitute the sale Of these slaves advance
ment, and to Justify Court Of Chancery 30 to charge
them such against the compliments in the distribution
of the estate. And think clear they be
treated. "An advancement, properly speaking is gift
by parent to his child by anticipation in whole or
part Of what it supposed the child would be entitled
to on the death of the parent Cawhon administrator
vs. Coppedge ct al, Swan 487-17 Mass R. 35s. Va
den, administrator, Hence ct al, Head 301."
There is nothing in this record to show that khenes
tate intended the sale Of bis slaves public auction, as
mode Of giving TO his children such Of them Oh any of
them as they might choose to purchase On the
ry it manifest that it the old mans intention if
any of his children proper to give for them
than any else, they could become the purchasers
ard not otherwise If he intended the slaves after the
purchase by his children gifts and constituting
debt why did he exact notes from the purchasers and
execute to zach bills Of sale without Earranes Of
soundness The fact that he said he never expected to
call his children for the money, and that he would
hold the notes receipts, amounts to nothing, for he
reserved to himself the right if his necessities required,
to collect them such parts Of them he might need.
The whole transaction is replee with evidence that he
did not nterd the slaves gifts and this view
ponds perfectly with the and conduct of the
planan For ten years they treated the debts
hands Of the administrator, and suffered judgment at law
to against them without any substantial Defense they
cannot at this late date under the circumstances Of this
case come into Court Of Chancery and avail them
selves of the grounds set up in the bill
The decree Of the Chancellor must be reversed and q
decree entered here in sscOrdanee with this opinion with
the costs. . MILLIGAN Judge.
Test: }. G. FRAzEHs Clerk, rrarrTffrF nfi