Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-12-13
GRUMPY COUNTY.
The Question of the Removal of the
County Seat-DecisiOn by Chancellor
COOper.

The Question Oh the RehONal Ol tIae
County Seat-DecisiOn by Chancellor
Cooper.
Robert Sanders Vs. Lewis Metcalf and others.
This is an original bill addressed to the
Hon. A. 5. Marks, Chancellor Of GTundy
ChanceTy Court, and comes before me under
the act Of July q, 1870, ch. 81, Ct. n ). Rev.
441G, a. by reason of the incompetency Of
Chancellor Marks, upon an application to
dissolve the injunction granted upon the
filing of the bill. Both parties have APP
peared by counsel and have furnished me
with written briefs, declining to make oral
arguments. The application is based upon
two grounds:
/. The want of equity on the face Of the
bill.
?. Because the equity of the bill, if any,
has been fully met by the answers OF the
defendants.
The facts to be gathered from the bill are
as follows:
Under an act of the Legislature, passed
on the 2lst March, 1875, the County Court
of Grnndy county, at its July term, 1873,
ordered an election to be held to see if the
people of that county desired to remove the
county seat from AltamOnt to Tracy City,
and directed the Sheriff to open and hold
an election at the different precincts, or
election grounds, on the goth September,
1873. The Sheriff did, on thai day, hold
said election, but failed to open the polls in
the Sth civil district, '.and thereby, says
the bill, deprived twelve or more legal
voters Of said county, who had assembled
at the precinct of said district from voting
in said election" At the October term
of said County Court, the returns OF
| saidelection were made to Jno. c. Lockhart,
the Chairman of said County Court, nd
said votes were counted i'll open court, and
| the result declared that no removal was
| carried by a majority of two votes, and pro-
| clamation was made, by the order of the
| court. by the Sheriff to that effect, and the
minutes regularly signed. The vote as re-
| turned was AS votes for Tracy City and
| 226 votes for .'nO removal" and one vote
| for Altamont. On the next day, being
! Tuesday the County Court, ''by the fraud
uleut Misrepresentation and influence OF
\. 5. Colyar," (who is no party to the snit),
were induced to, and did pretend to re-
count said votes, and to reject four votes
| counted for no removal as illegal, on parOl
testimony of one or two witnesses in OPP
nosition TO the certified returns, and made
| the result AS votes for Tracy City, and 222
votes for no removal and one for AltamOnt.
| Said court asserted that twO-thrds of the
| votes cast were in favor of Tracy City, and
then ordered the removal of the county
seat of Gr1lndy county from Altamont to
Tracy CITY. Ii further ordered the clerk
of said County Court to remove his books
and the papers Of his Office to Tracy City
The court also appointed the defendants,
John c. Lockhart, Jas. L. Ball, Femil
IaWtou. William MintOn and John Tip
! ton Commissioners to select a suitable
place for a courthouse, and place fol
holding the courts and for the public Off
COS of the county, and to cause the officers
to remove the books and papers Of the re-
snectiye county offices Of said county t(
Tracy CITY. The complainant, Sanders
and on J. NJ. Bouldin who is 10 party t.
tbis suit, appeared in open court before
tba said County Court, and showed
ina they were citizens and tax
navers Of Grundy county, anC
nrayed an appeal from ''both Of which OF
ders." meaning, it is to be presumed, tn
order that two-thirds Of the votes cast wer
IN far, # Tracy City, and the order ap
,,ointing Commissioners to effect the re
moval Of the county offices. The appea
fins made was refused by the Court. Al
tertyarls. on the 18th of October, lSI1
complainant and said Bouldin presented t.
tbe lion. J. G. GuiId, enc Of the Judges Q
the State. their petition against The Count.
Court of Grundy county for writs OF cert
, orari and superaadeas to take up to the On
cuit Court for GrIndy county the proceed
! mos of the County Court removing tn
county seat Of Grundy county from Alta
| mont to Tracy City, and superceding tn
e action Of sal. Court entirely in said maj
s fer. These Wits of ceItiorari and supersC
IDEAS we're awarded them, upon their glvin
, bond ans security for the prosecution there
of. and Of, ne iatL q October, 1873, the
filed said petition in the ohice Of the Cler
aftne Circuit Court of Gru,Gy county, ~
cave the bond and security, and wlits
J certiorari and supersedeaS were issued, an
were on supe dayplaced in the hands CT b
$ Sheriff Of Gundy county.
y Tie complainant was aPp6iniGds IN lSF
C tl,e Clerk aud MasterOf the Chancery Coul
Of Grundy county, and duly qualified
su,S. and was indicted into Office, and
e still the legal Clerk and Master. The Hol