Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-07-05
SUPREME COURT.
Condensed Decisions, HepGrfed for
tina Appeal by H. Clay King. Esq.

No. 36. Maurice, Mitchell et al. VS.
Brown ct al. From Memphis Cham
tery Court.
Brown, before the S,tUpjI0n OF the
Code, sold lot to McAnaly, and con-
yeyed the same to him. McAnaly
conveyed the same lot to one Iancke,
as tEustee, to secure the pUu hase
money due Brown, making the usual
provisions for the sale Of the property
in the event McAnaly should fail to
paw, and waiVing all right to redeem.
McAnaly made default and the lot
was sold by Locke, at public sale.
Brown became the purchaser at the
sum Of $500, leaving large portion OF
the purchase money undischalged.
Locke conveyed as trustee TO Brown.
Before the expiration Of two years
from the trustees sale, McAnaiy ten
tlered to Brown the S200, with inter
est, and demanded redemption and a
conveyance Of the LOT from Brown,
Brown refused 10 convey unless
MeAnaIy would pay sho pur-
chase money still due, which
NcAnaly declined, and III a
short tlfae conveyed zthe same lDt TO
Mitchell and Miller After this con
Veyance Brown conveyed to BRnes.
Mitchell and Miller filed their bill
against Brown and Bynes, To enforce
the redemption Of the lot-failing to
bring the fender into Court.
/. Held: That AcAaaly, ny the
tender to BROWN, had perfected his
right CT redemption, and had thereby
bee0une vested with the equitable es-
tate in the land. But that this ei;tate
was. subject to a lien, on behalf OF
Brown, for the unpaid purchase
money, and RpaWR would not be COM
PEELED 20 convey TO the assignegs of
NIcAnaly. until the original purchase
money due Brown was paid,
No. 81. Nokes vs.. State. From the
Memphis Criminal Court,
NOkes was indicted for Il capital Of
tense. When arraigned he demanded
a copy OF the Indictment, and obie,ted
to be put on trial until such copy was
furnished and had by him two entire
days. The Court Overruled his 0tjec-
ton and put him forthwith upon his
trial, when he was convicted
Tie Otfense charged against sae fris-
Oner was committed on the 9TH Of Sep
temhef, 1851. The indictment vas
found ON the 18th, and the trial was
had ON the 9th Of the same month.
The prisoner was in actual confine-
ment in the County Jail from his ar
rest until ne was put ON trial. The
9Th section of the Bill Of Rights or
dains that in all criminal prosecutions
" the accused hath a right to demand
the nature and cause of the accusation
against him. and to have q copy there
or Section 5244, Code, enacts that
every person indicted for a capital of
tense, if he is i'm actual confinement,
is entitled to q copy of the indictment
at least two entire days before trial.
The record discloses nothing OF the
nature of a waiver by the accused OF
the right to the copy, nor any condlct
or neglect of any kind which could
| onerate to exclude him from the 1e-
nand and enjoyment of the right, he
having no counsel until counsel was
( assigned BY the Court on the trial. J
! The Constitution and the Code give
! the accused the right to have copy
of the Indictment for two entire ditys
! before the trial. This right never
| having been waived by the prisoner,
was denied him without sufficient
cause. This was error, for which 2
new trial will be granted.
No. 80. Michael McGratn Vs. John
League. From Memphis Law Court.
This is a proceeding by distress war
rant issued by John League, Clerk Of
the County Court of Shelby County,
against the plaintiff in, error for fiul-
/ ing to procure a license fer running a
draw in the city of Memphis. Wits
of certiorari and supersedeas were OBJ
tanned to bring the cause into the Law
/ Court of Memphis, where upon mo-
/ ton, petition was dismissed and up
peal taken to this Court. The liatdl.
ity of the plaintiff in error for the tax
depends upon the construction to be
given the revenue act of 1878. BY
| The 9TH section of the act all hacks
carriages, or vehicles running for hire
shall nay a privilege tax of SlO
Each express wagon or cart, including
wagons or carts engaged in transferr
ing, other than those belonging to t'X
I press or omnibus companies, shall
take out a license annually from the
County Court Clerk, and shall pay {
tax for each express wagon of 50, eacf
express cart of $5, each transfer wig
ON, two horses, $40, each express
wagon, four horses, SO.
1t will be seen from the act that thl
Legislature defined and classed tht
vehicles they intended should b.
i taxed. Drays were as well known a.
hacks or any other vehicle described
in the act, and fit had been intendeC
that drays should betaxed they wotllC
have been specified. Wethink it wa
not intended by the Legislature tia
tax should be levied upon them
Therefore, the proceeding against th'
plaintiff in error is without Warrs.n
of law. The certiorari and superse
IDEAS were properly sued out, and th'
: Court below erred in disnlissing tn
petition. The judgment viii be re
yersed and the distress warr,n
! quashed,
No. 20. Arlington VS.. II. A. Tyler
From the Memphis ChancerY Court
Davis Biggs, the executor of jaime
Biggs, deceased, died after proceeding
so tar in the administration of the es