Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-10-21

JOHN W. RFAMs r.. D. T. KERNS ET AL.
This is an application to the obancory Court q Law,
q renceburg, by tenant in common, Tor zoe $40
distribution OF the proceeds Of tract OF lhna ~ &
nnee county, upon The gro1na Ia n interest
The bin was filed in 1885, and signed ~ = ~ nv ~
81 as solicitor for the complainant me oeis1e-33
81 $3.50 J s5ait the Allegations in The Ill, and join IN
The prayer for sale Of the land Proof Wa sAes =,
eauirsd bv The satute and sais regularly ofdeIeo
lie Cbaoeeor In April, 1885, the Master reports tha,
- .5r.-sss.v according 20 law, be proceeded TO sell
- l.nds IN he former decree mentioned, and struck 81
asd ga the sane 70 W v Gently for the sum Of Sses
and took his note for be purchase money due ana pay
80 AZ twelve months from date with John " ReAms
AZ his aer,rty Thn report confirmed without ex-
eep,ion At the September tsrrs, 1850.
No other steps appear have been taken In the cause
until special term OF The Chancery Court A Lawrence
burg which began lie session the 27t Of September
1895 when upon motion Of the Master, Judgment with
out notice was taken against Kerss, The sscurty-the
decree recng that Benty, the principal, was dead ana
that could be procured 70 sdmissss on bis es
tate. .
During the term the defendant Kerns appeared, snd
moved the aside the judgment pronounced
against him the grounds that the ChanceoF render
ing was incompelent cit IN the cause, and that the
special term at which the decree was pronounced was
nc, appointed and SdytFtised 10 conformity 70 law
The Chancellor over.uled the notion and the deien-
daut appealed 10 70 this court aZE
II z shown IN the record and admitted is The argu-
men that the Chancellor who rendered the judgment
had prepared the bin and conducted the proceedings in
court mp until after the confirmation Of the Master re
port Of sale and also that the term Of the court At which
the decree was rendered uEs special term appointed
QUO Of term time and there had been no publication u
Newspaper required by the code, sec. S,s4i.
Under this state Of facts questions are presented
both Of Which are Of easy soution l. has the VhA1-
ceor authorized this case having been OF eoun-
rc in H. aud render judgment against the purchaser OF
the land the note for the purchase money! z Was
the appointment Of special term Of The court out oil
- ra1id nj
l. II i clear under the settled practice In this State
that Masters sale made under decFee becomes .
quasi party The procesdpgi and judgment ~ motion
NAV be taken against him without notice Tor the pur-
chase money Deadorick, administrator VS.. Walkm,
Hurd $50 II follows therefore, that the complainant
81 this proceeding quasi or constructive party TO the
original clause in which she Chancellor presiding had
been Of counsel
The COMPUTATION Of the State as well as tue LsgisIa
turo for the wisest reasons have provided that No
Judge If be Supreme inferior courts shall preside
the trial Of any in the event Of which he may be
interested when either Of the parties may be connect
cd with him by affinity consanguinty within such de-
gree. or may be described by law, in which he may
have been Of counsel which be may have presided
10 any inferior court except By consent Of all the par
ties" Constitution article Q, sec. n. IL ra-
TbV code 40gs IN direct and positive terms,
fposabo declares, No Judge % any court, chancs-
Tor justice Of the peace shall sit in any pro
eeedng IN which he Is interested has been Of
se where he s related 70 either party by consanguin
y affinity, within such degree compelling by the civil
put in writing If the not Of record"
This provision Of the constitution and the Law enacted
under ID, founded In the highest and the most
ghtened public policy. They address themselves d.
recy 70 the railitios Of our natures and guard us
against trusting hearts, when relationship
preconoeiyed opinions involved, and Of the
fact that Judges Of every grade are but human, subject
% be EWayed by the passion and reudice that in
aaonco other We're the law otherwise Judicial Of
6cers would be exposed 10 thousand FuTmises and
picions which Just unjust would weaken the power Of
aNarlT n -.
partial adminstraton The courts of al grades ought
20 set their face against ali violation Of the constitution
and none impsratvely demands their scrupulous
regard Than the under consideration
The judgment in this a nullity and was
pronounced without even the authority Of the chancellor
90 preside 10 the cause.
"a The decision Of this question Is conclusive Of the
while case, but think Il equally clear thai the APP
pontmout Of the special term at which tbs decree in
question was pronounced not in conformity the
requirements Of The statute.
The code provides, section 1890 that, The Judge
Judges and Chancellor Of any court may appoint spe
Of business"
And section Zp4 declares The specisl term NAV be
appointed either At che regular by entry Of record
30 that Elect designating the time Invocation by pub
icston n The circuit district and giving notice. in
writing TO The clerk Of such court at least thirty days
before the commencement Of the special term
Two modes Of appointing special terms are clearly
provided for the statute the regular term by
entry Of record and the other in vacation by publication
Ia newspaper IN the circuit district and nOtfoa
ton m writing 70 the clerk, &C least thirty days before
the commencement of the special tarrn. a..-a
In this neither Of the modes adopted. The
Chancellor assumed TO appoint the special in vaca-
ton aud to that effect the record shows be notified the
clerk but Il is admitted no publication was made.
The publication is quite important as she rathca-
ton Of the clerk IL is through Il suitors informed
Of the sitting Of the court otherwise, they presumed
not 10 be prepared for the trial OF their causes The
fact IL is argued that newspaper was published in
the district is 70 the plain and positive re-
guiremonts Of the satute They must be complied with
in order 70 give the Judge chancellor holding spe
ca term under his appointment jurisdiction to hear and
determine eaufes and il Is impractcabe to make the
publication required BY Law, he has no alternative but 10
make the appointment &C the regular Of record
The decree Of the Chancellor rendering Judgment
against the defendant must be reversed and the cause
RENAMED MILLIGAN, Judge
Attest; J. @. FRAzER, Clerk