Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-25
LEGAL.
decisions Of the Supreme Court OF
Tennessee, al Nashville, December
Term. 1867.

decisions OF Ahe supreme NouFh %
Tennessee, al Nashville, December
Term, 1867.
Reported for the Union and Dispatch. by S. J.
Henderson. Attorney at Law.
Where the heirs Of an integtate. IN his life
tine a. public auction purchased bis prop
erty, the price for which the property was
sold is not an advancement unless the mites
tate intended the sale as a mode efadvsneing
his children"
traitor Of Jacob House. deceased.
la this case three causes were consolida-
ted and heard together. They all present
the same general question, and must be
controlled by the same decision.
The contest arises upon three notes
exec-ted respectively by the compliments
90 the interstate, Jacob House, in his life
time for certain slaves by him at public
auction, sold 20 the compliments. The
sale was in 1853, and the interstate died in
1860. Administration was granted on his
estate the same year he died, and soon
thereafter the compliments renewed the
notes in the hands Of The personal repre-
sentative.
La the spring Of 1861, the administrator
brought three separate snits upon these
notes; one against the complainant, j. W.
House one against William Pitt, SON
in-law Of the intestate, and the other
against William Powell, who is also a SON
in-law Of Jacob House, deceased, aud both
of whom are eomplainants in the causes
which are consolidated aud heard with
this cause. The defendants in the actions
at law each plead TO the declarations.
The complainant House, plead ain short "
"aI debt," payment and set OF, but
upon the trial, which was postponed
in consequence Of the war until 1865
he withdrew his pleas, and suffered
judgment TO 90 against him by confession
for the sum Of $b20l SO with costs Of suit
The defendant, Pitt, by way of defense 10
the action against him, relied on the I'M
soundness OF the negro for which his note
was executed, aud that his wife was a dis
tributer in the intestates estate, and there
fore no Judgment ought 60 be rendered
against him until the distributive interest
of each heir had been ascertained. Powell,
an has plea, relied on the fact that com-
plsinant's interest had, in the renewal of
his note, been computed against him, and
also upon the general defense set mp by
the defendant Pitt These pleas were una
vailing, az might readily have been sup
posed, ON their trial, and Judgment was
rendered against Pitt for the sum Of
S3537 50, and against Powell for S8l37 SO,
with costs IN each case.
Under this general state OF Facts these
bills were fled in December, 1865, more
than ten wears after the execution of the
original notes, TO have the price Of the ne
groes for which the notes were executed,
declared adyancements made by the in
70 IL. l.f.ffr,.a a., I'll "a
The administrator and a portion of the
heirs resist the objects Of the bill. aud in
sist that the judgments az law are bona fde
debts against the compliments, and that
the notes upon which they were founded
cannot be regarded as adyancements.
The Chancellor decreed for the COM
plainants, and an appeal is prosecuted TO
this court.
IL is shown in the proof that in 1865
Jacob House, being advanced in years and
the owner of considerable number ofslaves,
determined to sell of a portion of them,
reserving for himself such AS he supposed
were necessary for his comfort and support
the remainder Of his life. To this end he
caused public notice, by printed handbills,
Of the time and place of sale to be given,
and on the day appointed a large crowd
was in attendance The sale was public
and open 10 all, without restraint or limi-
tation upon the bidders. Every bid was
cried by the auctioneer, and each slave
knocked % 10 the highest bidder. Bat It
40 happened that the children and sons-in-
law of the intesiate bought all the slaves
that were sold, and after the sale the sew
eral purchasers executed their notes for the
property purchased, without security, due
and payable twelve months from date.
Bills of sale were executed to each pnr-
chaser, with warranties Of title, but with
ont wArraniies of soundness, aud the slaves
delivered.
II further appeare that the old man,
prior 70 the sale, repeatedly said he de
sired all his children 10 share equally in
the distribution Of his property, and that
he was TOO old 10 manage his slaves, and
he did not desire 10 assume the RESPONSE
bility Of dividing them among his chill
dren, and that he had determined 10 put
them mp at public sale, and ii they wanted
suy of them, they could huy such as they
wanted, and if not, some one else would |
bay them.
IL also appears that he said he did not |
know that he would ever collect the notes |
executed by his children for the slaves, bat |
lac would hold them IA receipts To show /
the amounts they had received of bis es-
tate, aud If he should need the money, he |
could collect 50 much Of il ~ his necessi- |
lies required.
Now it is Insisted in argument that |
these facts, which are ia accordance with |
the averments IA the bill, show thai the |
sale was a mode adopted by the old man Of |
his children, and that he never |
intended 10 fr upon them an obligation 10 |
pay the notes executed with the accruing |
interest
The difference between the claim Of the |
aud the demand Of the ad- !
is very material for il the |
price Of the slaves purchased by the former |
are to be regarded IA adyancements, they |
will be estimated in the distribution Of he
estate az their vslue, OF the price bid AZ the
time Of the sale, 5ut If the judgments are
treated a. debts, they will OF course carry
the accumulated interest OF the notes, and
also. such as may have accrued on the iudg-
ments since their rendition. Burlan a..
Dickson, 8 Yer. ll2, 100.
But the question recurs whether the
grounds relied on in the bill-sll other
questions out Of the way-are sufficient to
constitute the sale Of these slaves 40 ad-
vancenent, and 20 justify Court Of Chan
Gerry 80 10 charge them as such against the
in the distribution Of the es-
tate And We think e clear they cannot
he 30 treated "An advancement, properly
speaking, is q gift by parent 10 HE child,
by anticipation, in whole or in part, of
what il Is supposed the child would be en-
titled 10 GA the death of the parent Cav
thon. administrator, Is. Coppedge q al,
swan 4S7-l7 Mass. r. 35S Walden, sd
ministrator, as. HAnce Il al, Head 3Ol.
There IL nothing in this record to show
that the interstate intended the sale
of his slaves, al public auction,
as a mode Of giving 10 his chill
dren snch Of them or any Of them az
they might choose 10 purchase. On the
sontrAry il is manifest thai IL was the old
An's intention, IL any Of bis children saw