Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1872-09-22
supreme Court opinions.

Reported by a. s. Prosser Esq. Attorney at LaH'I
The following are the cases in which opinion
were delivered in the Supreme Court yesterda!
morning, with synopsis of the legal points II
the cases:
Broylesys Waddle-P Partition Judge
! improvements By one joint tenant owners
a dover estate. A court of equity Will ALLOW
compensation for permanent Improvements
| The tenancy jointly with the others, gives MN
a right different from that of mere tenant 70
life entitled to improvements, at least 10 tn'
| extent of the rents. demanded.
MabrS and Massingill VS. Brownlow ct ais.
Liability of administrators for costs, where
the Judgment is rendered after the expiration
of the two years and six months, where the de
/ ceased was security on the bond for prosecution
1 though no liability until judgment.
Quinn, administrator VS. Biggs-Attachmen
| void. s-.r,,t
The defendant appeared and made a motion
and by his motion, brought himself into court
cause reversed and a new trial awarded. ="
| Justices of Greene county VS. Merritt.
A jury of review may be appointed by the
quorum court Where the appeal is taken from
court tries the case de moro, and cannot look the
| errors committed by the county court.
Snapp VS. Schwabb & Co. -
| Cullen VS. State.
Where the record shows a foreman of the
Grand Jury, duly appointed at the opening Of
Inc court, anu dII6TudTQS Ii speCldl IL
appointed, the record must show reason for sec
and appointment. Reversed
Findley VS. Mccall.
Chancery sale lien retained; purchases by
others and payment to the first purchaser who
made no deed no steps for 10 years, then sale
ordered to satisfy the lean; lapse of time set
up; peculiar circumstances; time during the
war not computed; no lsches; second purchaser
not an innocent purchaser. Affidavit. Nc
Farland, Judge
Brooks VS. Mason, report of Master
121 per cent allowed for loans, and 10 per
cent. for compensation for whole time, prom
ised decree having fixed the amount, but allow
ancesmay be made upon estimated rents for
general average of losses and expense of cOllec-
ton; report modified, &c.
Mariner VS. Wilcox.
Mining partnership; change of the firm; COW
enants to convey real estate in Knoxville;
Averment that a mistake as to lot reciting that
they had lot; when complainant stated at the
time they had no lot this bill to reform agree
ment; demurrer sustained bill dismissed.
Deathridge VS. Walker.
Bill to sell real estate; the act of June, 1870,
exempting property from execution whether
retrospective or not is not in question, here the
act Of 1868 is controlling; the repeal of this act
with the re-enactment gives the parties the
benefit of the old law. The act of 1870 exempt
ing 81, 600 from execution is not retrospective.
Reverse and bill dismissed. a .-.#...
Gaines VS. Downing, Administrator
Estates shall so into the hands of executors
for sale and separate use of wife; to be divided
on her death or the coming of age of her
youngest child: alleges past the age Of pro-
creation in legal contemplation, not impossible
to have children consequently the contingency
Of dying without issue can only be determined
by the death of the party When the will APP
points the executors and trustees, and they fail
to qualify, and there is an administrator APP
pointed with the will annexed, he is not trus-
tee, and not entitled to the fund.- Decree mod
fled, &c.
Longstreet, Bradford & Co. VS. Hill-Attach-
ment bill.
Levied on goods of Patterson 81 Co.. ;-judg-
ment on same day in the United States Court:
Sheriff in possession when the Marshal comes
bill to have satisfaction of judgment; execution
lien relates to its test; conflicting Jurisdictions
and process; the process first actually executed
holds; bill dismissed.
Glenn VS. Osborne .EEE.E ri
Bill to set up an estoppel to the title to part of
the lot, or compensation; estOppel set up; con-
tract of agent in his own name cannot be bind
ing under the statutes of fraud; estoppel cannot
apply to case where the purchaser knew the
facts; answer does not deny the knowledge;
the issue is not made; the issue made is against
time; sale by the complainant; no objection to
the relief granted; decree for complainant
Freeman Judge. E..
State VS. Andy Johnson-sci. fiji.
No obligation; no judgment against princple
separate judgment; demurrer sustained af
fdavit. . r
Lowery VS. Haws-Ne debet
No consideration fraud on belligerent rights;
not executed for such purposes; setoff liquidat-
ed notes; affidavit. glTtE - .T
Stephens VS. Green County Iron Company
Attachment bill. --rt
A conveyance interest is no bar to suit for
the debt secured by the trust; Sheriff returns
levy on - tons pig iron, the property of re-
spondents; bond to pay debt; not reciting the
lew but If NAV he read with the lew. SEQ
ton of the code making bond valid reversed
and decree on bond. ESD .#E ZAP 4
Deadrick VS. Bowman. r
Attachment of debt from Deadrick to Bow
man judgment then dispute and this bill
filed to settle who was entitled to the note, and
to relieve Deadrick from double liability par
ty is estopped if he allows his debtor to answer
to punishment and judgment.to go afterwards
set up subsequent right, decree for Deadrick.
Cowan VS. Nichols. ..
McCorkle's machine for stufing horse collars.
Former decree precludes inquiry into the fact
whether this is the same Improvements, the
patient having been obtained by one Miller
Complainant allowed decree on amended bill.
Darling VS. Lewis. s9gL h-
Bill to remove cloud from title to real estate
compliments who are citizens of the State of
Indiana in 1859, obtained judgment against re-
spondent sold respondents land in 1861 pur-
chased by Chiles, as the agent of compliments
In 1862 respondent redeemed from Chiles, pay
ing bank notes; the law required respondent to
redeem in two years complainants brought on
the difficulty, making it impossible for respond
ent to redeem except from Chiles, owing to war.
Ghlles purchased as agent; agent" merely
description of person, and Chiles real pur-
CHASER, and respondent have right TO redeem
rom hlmln 1862. Reversed and bill dismissed.
tainer. ----r-. ->,-'---' - - =
Poor persons allowed an appeal by filing the
oath for poor persons.