Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-10-09
SUPREME COURT OPINIONS.
reported for the CHRONICLE by L. Til.
man, Jr., September Term, 1881

Reported for the CHRONICLE by L. Til.
man, Jr., September Term, 1881
Criminal Lae-Jury-Judges Of lase
under direction of COURT. In criminal
cases the jury are only judges of the law
under the direction of the court, and have
no right to disregard the law as given them,
much less legal right to disregard it.
2. Bill of Rights, 5 10, discussed.
3. Same.-It is error in the court to
tell the jury that they may disregard the
law as given them, if they conclude the
court is wrong or that they know the Law
better than the court. Harris Vs. State.
Iearned and elaborate opinion by Free
man, j.
Suroty-Not released by delay, seAep.-
delay contracted for until the estate of the
principal is settled up, and the share COM
ing to the creditor from said estate, re-
ceived, will not release the surety, if be as
sented thereto. Moses l. Nelson vs. Cur
rier Freeman, j.
Clerk = negligence Yespo,ssi5ilty. - A
clerk who takes as surety upon q note for
land sold by decree of the court person
known by him to be insolvent, or whose in
solvency might have been ascertained by
reasonable inquiry, will be held to account
to the parties in interest, should it turn out
on resale that the land fail to bring the
amount of the note Dean VS.. Hale. G. and
N. Turney, J.
Ejectment. The complainant in an eject
ment bill IN chancery showing prtma laeie
title to the land may attack the validity of
the tax sale under which the defendan.
claims, Gillespie vs.. Paarce. Mcfarland.
J.
Do@er - Fraudulent consequence. A
widow is not entitled to dover in lands
fraudulently conveyed by the husband IN
his lifetime for the purpose of defeating his
creditors. Talent VS.. McLemore. The
court.
Master and se,odnt-C Coatrtbutory aeols-
gsnce. In an action for damages based upon
the failure of the master to provide the ser.
want with sound and safe machinery, a re-
covery cannot be had if it appear that the
servant knew of, or by ordinary care and at
tention could have discovered the defective
and dangerous condition of the machinery
and thereby avoided its use, but disregarded
it and so suffered the injury E. T., Va. &
Ga. r. R. in error VS.. Bicknell, ::Admr., Mo.
Farland, j.
Execution Sae-Notiee to debtor IN pos.
session.-The notice of the time, and place
of sale to which the debtor in possession is
entitled uuder the code (S3042) to make AL
execution sale of land valid, must be of the
particular sale, and its defects can not be
obviated or supplied by notice of a previ
ously advertised sale, which did not tax,
place. 1t is question for the court, and
not the jury, whether a particular motto,
contains all the requirements of the statute
Prater VS.. McDonough. Cooper, j.
Parttion-ttls-nosse A person
holding possession and title to an undivided
Interest in land under an executed deed,
may have partition thereof, although tn,
consideration of the deed may have beer
. illegal because in contravention of public
policy. Rhea vs.. White & Hix. Cooper
j.
| Statute Of Limitntions-rtght Of a-tioa
The light of action of a surety to Sc
aside voluntary conveyance of land by hi
principal, which has never been registered
commences when adverse possession i
taken under the assurance of title purport
ing to convey an estate in fee, and will b
barred by seven years adverse possession
AIcBee admir-. vs.. Bearden admir-. an;
others. Cooper, J.
Fraudulent conyeyance-P P,1o1ties Be
! tleeen creditors Of cendoa. and pendee.-
Where fund arising from property fraudu
lently assigned has been brought into cour
at the instance and upon proceedings b,
some of the creditors of the fraudulen
vendor, creditor Of the fraudulent vende
will not be allowed to have satisfaction o
his claim until all the creditors of tn
fraudulent vendor who have come in (al
though after the creditor of the fraudulen
vendee) are fully satisfied. Muuanph,
Savings Bank VS.. Oneil Turney, J.