Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-06-28


How the Property of Minors Ii Dealt
with by the LAVA Few Legal
! Points.
The decree published below is one among
numerous examples OF careful and exact
ruling which chsracterizes the Chancery
Court at Nashville. The Hon. Montgomery
Blair, whose distinguished career is familiar
TO the American people, in g late profess
slonal Wis to Tennessee, paid Nashville the
compliment OF saying that he had in former
4sys alsAlsi - Bar spoken of as being an
able one, AMI that he found il still merited
its renown. Notwithstanding the compli-
menta = expressions of the eminent Wash
ingtonian, our solicitors cccasionaIIv receive
an animation from the Chancellor that they
have fallen into PR ctice, to use bis own
words, somewhat too relaxed.s
One OF the recent DEGREES IT the Chancery
Court is as follows:
"This cause came on to be heard and
was heard on former day of the term be-
fore the Chancellor upon tle previous pro-
ceedings; and the report of the clerk and
master that the sale in the pleadiDgs men,
toned was manifestly for the interest of
the infant defendants, and upon the evil
dence on which this report was made, upor
consideration whereof, the court, without
undertaking to settle the question whether
the proceedings in this cause we're in con-
formity with The requirements of saction
1924, ct seQuellte of the Code, and therefore
valid, was clearly of opinion that it would
take no jurisdiction of the cause, until the
proceeds OF the land in question, under the
sale sought to be confirmed, were brought
into court or placed under its control; and
therefore orders ell further proceedings to
be suspended until this prefe-
qulsite TO the exercise of
jurisdiction is compiled with. But because
il s probable that the complainant as the
father of ne infant defendants is entitled TO
the income of the fund for life, sud because
the code, Section 1888 authorizes the in
vestment of the proceeds of lands sold in
other lands, bonds Of this State or cf the
United States, or 10 loan On good morta-
ges OF really, the court orders thst the COM
plant may either pay the money into court,
or at his option execute bis not to the clerk
and master for the purchase money re-
ceived by him, secured by e mortgage on
unimcumbered realty Of the value Of a.
least double the amouns The said money
on condition that he pay the costs and ex
renses ofexamin ng the title, and Of draw
ing, executing, proving and registering such
mortgsge--and it is referred to the clerk
and master to ascertain and report what
portion of the purchase money has been
received by the complainant, and how much,
II any, sill remains unpaid. The clerk and
mas'er is authorized to receive the pur-
chase money ifpaid into court and TO in
vest il in United States bends at once, OF
he may receive from the complainant his
note secured by mortgage as aforesaid
for The whole purchase money, in which
case the complainant may collect the resi-
due of purchase money still unpaid. If the
complainant fails to pay or secure the pur-
chose money as hereinbefore authorized on
or befre the calling of the case at the next
term, the court reserves the right to dis |
miss the bill with costs, or TO charge he
complainant with all costs to that date
including reasonable compensation |
to the guardian sd Item of |
the infant defendants. And inasmuch as this |
case was heard at an early dayi of this term !
and wri ten opinion delivered, and as the |
guardian ad klitem has neglected to draw |
up the degree, which was IN favor of his |
wards, and have the same entered, and |
the court has been compelled to have the |
same otherwise drawn up, the court further |
orders that the said qua -dian, ad Item, be |
and is hereby removed, and -- soli- |
citor OF this court is appointed guardian,
ad Item, in his room and stead. The clerk |
and master viii report what may be done |
under this decree to the next term, until |
which time Other matters are reserved"