Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-11-03
SUPREME COURT.
Abstract of opinions reported by Thomas
Maloney, of the Greeneville Bar.


Maloney, of the Greeneville Bar
COOPER, j.
1. Foreign Will-Code, s 2182-Reeiska
trion-A foreign will, proved and recor led
in the State of the testator's domicile ac-
cording to the requirement of the State as
provided by the Code, S 2IS2, will pass
lands in this State as between the parties
without record or registration here and q
copy of such will duly authenticated under |
the act of Congress viii be evidence.
Smith, trustee, ETC., VS.. Nelson.
2. Mortgage without covenant of warranty |
-Reglstratlon- PrIorlties-A mortgage of |
the interest which the mortgager has in |
land under an agreement to convey al |
though without any covenant of warranty, |
if duly registered, will prevail over sub
sequent trust assignment to secure Dor |
rowed money with covenent of warranty,
the grantor acquiring the legal title after
both conveyances.
Purchase money-Lien-No subroga-
ton, nor resulting trust.-rhe use of
borrowed money, for the purpose of pay
ing off aaien on land, will not, without
more give the lender a right to be subro-
gated to the lien, nor create in his favor
resulting trust. Id.
Receivers Junior lien creditor-Rents
impounded go to.-A junior lean creditor,
who impOunds the property by the ap-
pointment of a receiver, will be entitled to
the net proceeds of the rent until the older
lien is proprly enforced against the rent of
the property. Id.
Code, 1884. Demurre under, must
state specific grounds-No other objection
noticed-Locai jurisdiction.-Under the
code, 1884, demurrer, both at law and
in equity, must state the specific ground re-
lied on, and no other objection will be no.
ticed and therefore where demurrer to
bill in chancery assigned for cause
that the subject matter was
not in the local jurisdiction
of the court on objection to the jurisdiction
of the persons of the defendants cannot be
raised. Whitaker VS.. Whitaker.
Foreign administrator, Funds or prop
erty of the intestate brought to this State
must be compelled to account here to dis
| tributes.
| foreign administrator who brings into
| this State the funds or property of the es
tate may be compelled to account here as
| trustee for the distributes, and in advance
| of the time allowed for settlement of the
administration in the form of appointment
| if he is Improperly investing such funds
and appropriating them to purpose for
eign to the truth. Id.
Settlement i'll forum of appointments. s.
| Settlement of administration Ill the forum
of appointments, even pending the itiga-
| ton in this State, will be conclusive on the
parties, and the DEGREES should be made to
conform Herewith, and should provide for
! the exoneration of the administrator and his
sureties.
on his official bond to the extent of the
| fund realized. Id.
/ oil
Life Estate -Estoppel. Where husband
and wife are jointly seized of
real estate, and the husband, own
| ing no other real estate makes will in
which he gives to his wife life estate III all
his personal and real property. Held, that
| the wife who accepts the provisions OF the
will is not estopped thereby from asserting
| her own title to the real estate, it not ap-
pearing from the language employed by the
testator that he intended to dispose of same
Sells VS.. White
| FREEMAN, ].
Code, s1325 ct seq.-Applicable to all
persons and corporations authorized to take
property for public use. 3 Lea, 479-80,
cited. Owner of land may, under Code,
S1347, apply for jury of inquest or sue for
damages.
| L. SOo6, S1OAO CT SON. gives d COmluOn
law action against all persons and corpora
tons authorized to take property for public
use. Wheeler vs. L T., V. & G. r. R. Co.
q When railroad company has actually
taken possession of such land the owner
may either apply for jury of inquest IN
| der the statute or may sue for damages. Id.
Code, S1166, sub S2-3, construed
Section 1166 and sub. section %, Code,
have no applications to persons travelling on
public road parallel to the railroad showing
an evident purpose not to cross at all.
Feathers VS.. Railroad Co.
| l. Ferme Covert Will of-husband receiv-
ing land Hereunder may contest-Selling
same-No estoppel-Ferme Covert willed an
interest in tract of land to her husband,
balance to her children. Husband sold his
interest. Held, not to estop him from co n
testing the will, on the ground of fraud or
undue influence. Geisler VS.. Miller.
2. Election. The doctrine of election ap-
plies in the case of inconsistent and alterna-
tive donations, where there is an intention
expressed or implied that one shall be a
substitute for the rest. If a person to
whom, by an Instruments of donation, ben
eft is offered, has claim on the donor, and
there is an evident intention that he shall
not receive the benefit and enforce the
claim, he cannot obtain the former without
renouncing the latter. Citing Waits, Ac-
ton and Defense, lat. Id
Ward-Estate of-Expenditures over in
come.-When guardian is to be allowed
| expenditures over and above the income on
| being called to account In court of equity
he must show In his answer states of facts
warranting his trenching on the corpus of
the fund, such as a court of equity would
have ordered had application been made
thereto. 8 HID, 81, Lea 152, 2 Meigs
Dig. 1871 4. Owen ct Tx. VS.. Pierce,
ex. ct al.
q Account ordered-C Compensation.
ordering an account for boarding and rails
ing children the Chancellor should settle the
principles governing such cases and direct
ing the Master as to legal and proper ex-
penditures. The amount of compensation
can be inquired into for settling and admin
istering the estate up to the expiration of
the period for settlement two years and six
months from date of his appointment aid
reasonable compensation allowed; though
strictly as he failed to settle as he should
by law have done, he would not have been
entitled in all probability to anything for
his services
8. Testamentory Trustee-Compensati
After he held and administered the es-
tate as testamentory trustee, he would be
entitled to reasonable compensation for ser
4ices, taking into account the size, income
and nature of the estate. Id.
DEADERICK, @. J.
Conveyance of Femn Covert certifcate-It
is not necessary, under Code, spots, to insert
in the certificate to the deed of ferme CO.
vert, the words: with whom am personally
acquainted p" Bells admir- Vs. Lay e, extx.
Statute of imitation-guardian conversion
The cause of action against a guardian,
accrues at the tine of the convention of the
fund and an infant has the right to sue
therefor by the next friend and Code, 5
does not save the rights of infants as dc
other sections of the Code. Huh VS.. Jones'
Observation-Disclosures ien-A receiver viii
not be appointed upon application of com
plainant to enforce a vendors Len unless i
be alleged in the bill, and sworn to that thu
corpus of the estate was insufficient to salts
| E. A., D. Y n