Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1880-11-14
SUPREME COURT OPINIONS;

AT hNOXVILLE, NOVEMBER IL, 1881.
Reported for the Chronicle by L. Tilma1, Jr.
Sale by Acre What is-Evidence.
A sale by a commissioner, under ju Ii
cial decree, of land surveyed and divided
into lots, the report of the sale and the de-,
cree of confirmation showing a sale to each
purchaser of so many acres at so much per
acre, amounting to the sum for which the
purchase notes were given and cash pay
ments made, is sale by the acre, and parol
evidence is nsdmissible to show the con-
trary.-Cooper, J.-Myers VS.. Lindsay and
others.
Sherlffs deed -recitals-evidence-
l. The recitals in sheriff's or collectors 8
deed ara prima facie evidence only
when the officer making the decd is
the same as he who made the sale-Free-
man, J.-Sellers VS.. Donahue.
Tax x-deed-fatally defective when.
2. A tax-deed which fails to show that
the land had been duly reported for nom
payment of taxes is probably fatally de-
fective.-Idem.
stee-Compensation, allowed when.
l. a trustee who files bill which, although
not strictly bill of interpleader, accom-
plishes the same purpose, without objecc-
ton by the successful party, and who is
not required by the party to pay the money
into court, is fairly entitled to compensa-
ton if he has kept the fund loaned out on
good security, but not if he has himself
used the fund, and to be reimbursed any
expenses incident to the trust and to the
reasonable fee of counsel for filing the bill.
Cooper, J.-Daniel, admir-, VS.. Fain.
Assignment by legatee-Passes all interest,
when.
2. An assignment for value by person of
all his interest in that part of his father 9
estate left by his will to his widow, amount
| TO QoA in ho do nf
trustee for the benefit of the widow for
| life, and which is to revert to the
assiguor at her demise will pass all
the interest of the assignor in the
fund either as legstee or distributee,- -
| Idem.
| Bequest for charitable use--void when.
| 8. A bequest of fund to be put into the
| hands of u tru tee to be selected by the
| Union Presbytery, religious association
not incorporated at the death of the tesla
tor, to be employed by the trustee to assist
some INDECENT young man in preparatory
course for the sacled ministry, is void
Idem.
Costs in chancery-Improperc charges.
| A charge for entrie, on rule docket q:
| for "rules" is not Observation-Disclosures
G. J.,-Bowmsn & Kitzmiller vs. Faw.
Indictment-Obscene picture.
An indictment charging the defendant
with introducing into school an obscene
picture calculated and tending to corruI
the morals of the young, Is good withou
describing the picture.-McFarland, j.
| State VS.. remington.
Practice-Original bill necessary when.
1. When judgment pro confesso and de-
cree final have been entered against de-
fsndant who had failed to make any defense
at the term because of statement by the sc
licitor of the opposite party that no udg'
ment would be then sought, the remedy
of the injured party is by original bill t
impesch the decree and not by petition in
the cause.-Deaderick, c., J.-Buis VS.
Brown.
IN. B. The Petition in the above case
was fled after the term at which the decree
was had
Statute of limitatations-Plea of, not en-
joined when.
/. The chancery court will not prohibi
party from relying on the defense of tn,
statute of Limitations to suit at law upor
note, merely on the ground of mistake
on the part of the plaintiff as to the exist
tence of an ipj junction inhibiting him from
suing upon the note. the mistake not hav
ing been superinduced by the debtor
Cooper, J.-Chilton vs.. Scruggs.
Same-Bsr removed, how.
2. If. however, within the time of statu
tory bar, the maker of the note has, b,
solemn admission under oath in the cours
of judicial proceedings to which the cred
itor is made party, not only recognized
the liability, but swore that the fund evi
denced by the note was held by him as
payment on the obligation for indemnit
against which the note mad been assignee
in trust to the creditor, equity will enforc
the trust thereby created, and if the cred
| | ho ho
paid the obligation, will give him deere
for the fund with interest.-Idem.
Estopel-Solemn admissions.
3. A person who has made solemn admis
sion under oath, in the course of judicis
proceedings, will not be permitted to den
them without first showing that they wer
made inconsiderately or without flu
knowledge of the facts, -Idem.