Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-05-11
LAW REPORTS.

| GdHcel0r.-Court convened IN regular
session yesterday, bat very little OF i'm
portance was done. There will be no
regular call OF the docket for the present,
| owing to the absence Of attorneys at the
| Supreme CoUri. Attorneys present, by
agreement, a have csses sec for hear
ing. The cases set specially for to day
| on pleas, demurrers, etc., are as follows (:
| Hodges VI Bank Of Chattanooga
Bank OF Chattanooga vs. Bank OF Mem
phis.
Thompson vs. POpe.
! Philler vs Hsines.
| Bolton vs. Carruth.
5arrsn Va O'Con1sr.
dsehecs vs. Rocco.
Cloth Va Rocco.
DEGREES filed yesterday are asserted
bsiOw, tO-wit:
Post01 vs. Walker, sale postponed.
Scruggs VS. Walker, ssme.
Hays vs. Walker, same.
Somerville VS. Cooper, Injunction dis
solved.
Driver VS. Hunt, final.
The opinion OF Chancellor Smith, in
the case OF Crisp ys. Barry, tried at E
| specisI term of this Court, held on the
I9-h of April, 1863, and which was re-
served until this present term, was de-
ivered yesterday scd is IS follows, to-
wit:
"WithCut going into any detail Of
the facts, this conveyance must be held
cO1stTucLively fraudulent as to existing
creditors, unless lot Ma. IL was among
the reserved assets. If lot Nc. IL was
conveyed, l think the assets reserved,
from their character and value, cannot
be held amply sufficient, or a 'supertiu-
0Us abundance 10 pay the debts exist
iUg, about which there is no controversy.
Il may be that the assets reserved ex-
elusive OF lot IL squaled, or perhaps ex-
ceedei the debts. But It will not do to
establish the principle that such nice
balances can be drawn Dy the voluntary
conveyor. Then IS to lot No. II, l think
it eleaE enough THAT d. L. Dunn took
this under the will, as be did the other
lands. /. g., half in fee and the remainder
for life. This is the intent Of the tesla
tor 10 be gathered from the whole viii.
Then ne could only have reserved nalfo of
lot IL, Of value from $1,000 10 $1,000. But
il the description IN the latter clause OF
the deed OF settlement is sufficient to
convey any OF the lots adjoining, tbs
dover tract, which Is conceded by counsel
on both sides, l think telso conveys No.
Il. 1t seems evident that the ~bsrgainor
maintained, for he treats it as the other
l4nds, snd makes no exception Of 10, and
it seems TO have been so treated in The
partition. La did not have in fee one
half Of fifty WNes, nesr the dover, unless
the lot Was included, n l think ms
clearly intended to iDclude it.
" Tee conveyance is therefOre held to be
COZ ztructiveiy fraudulent, and therefore
void, as 10 The existing creditors, who
are parties complainant, and IS IL Is set
aside Oh their application, l believe the
rule IL that subs queat creditors axe en-
itled to have thslr debts satisfied. This
makes IL unnecessary to determine
whether the conveyance was fraudulent
in prsetics-i g., whether the bargainer
| intended to defrAud. The necessary
references will be had to ascertain the
amount Of the debth
The facts and circumstances connected
with the above case were rep cTtsd at the
close Of the trial,
MUNICIPAL COURT-G. W. RGldrGa,
| Judge FMS Court convened yesterday,
but did not sGte4tsip sny business, sHc
adjourned until Saturday next, which
viii be motion day.
LAW COURT-H s. Lee, judge
The motion docket Of this Court was
! taken up yesterday SIS o O as Court con
Y6uGG ana Was disposed OF lmMtQlAbSly
there being very few motions entered
therein. The regulsT calendar vas then
resumed, commencing with h trial Of
the esss Of Bescher, ShUltz il Co. VS..
| Price * HoOe, continued from Friday.
This case was soon ended and given to
the jury, but falling to sgree they were
| discharged until this morning. Case Ne.
1885, Blackwell We. Wsli& Co., was next
called and tried, resulting in q verdict for
/ the defendants, $3.50 90. Court then sd
journed to meet to-day at 10 O'Clock,
when the cali Of the calendar will con
tiDue, beginning with 30. 1885, Van
syekie il Co. VS.. Flynn.
CRIMINAL COURT. - Vim. Hunter,
Judge,-Ths case Of Safe va. Thomas
LsouaTd, specially Ess for trial yesterday,
was not brought up. owing to absence OF
w. NJ. R4uOOlph. E2q., the defendants
counsel, at the Supreme Court. Upon
molten the cEss was postponed until
Tuesday 18Th instant. To-day the Grand
Jury vii be discharged, and sll parties
confined In jail, az llst whom no indict-
ments have bsen found, will be dis
charged.
Persons out on bonds from this Court
will remember thst they are required tc
e5Bae foFYsrd and renew the same before
the final adjournment Of this term, OF
forfeitures viii be entered against them
and their securities, and q capias issue fol
their Rrreet.