The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-02-14
TWO NEW LEGAL POINTS
DECIDED BY TIE SUPREME
COURT OF TENNESSEE.
"BOggy" jOhBstOn's BeCOlIectiOns
Of tho Late Gen. Hancock
Nashville Notes.
ESPECIAL TO THE APpRAL.l

that the proposed load from Alera
to Huntsville, Ala, and thence 10
Guntersville, on the Tennessee river,
will be soon built. This Iold will de-
velop large section OF iron, coal and
pine lumber land in North Alabama,
from which the Memphis and Charles
ton will be the most direct Quiet.
The Told will cost about $60Q, GOO.
Memphis will be a large gamer by
this road. 1t is said that it will en-
able her u get coal cheaper than by
way cf PittsbuTg.
THE SUPREME COURT
to-day affirmed the case of the Sats
vs.. J. ID. Foute, sheriff of Fentress
county, who was convicted of forgery
and sentenced to eighteen years in the
penitentiary. Foute is in the jail hos
pital at the point of death.
POST NOTES FOR TAXES.
The question of whether post nc tes
of the Bank Of Tennessee are receiva.
bls for taxes wGs raised here to-day
The cashier OF the American National
Bank offered TO pay the taxes Of the
bank in such notes, but the county
trustee refused 10 accept them and
Issued distress warrant for the legal
tender. The bank procured an in
junction to restrain the service OF the
writ, which will be argued next week
before the United States Circuit Court.
HKw LEGAL POINTS.
The Supreme Court to-day passed
upon two legal poll Is, one in realty
the other abduction, which are new
to the State courts, the Searcy cases,
Hasn Pope ct al. vs.. Ed V. Harrison
ct al, and Helen Pope ct oil. vs.. J. F.
Couts ct al. In 1920 judgments were
rendered agajnft an administrator and
scire facias proceedings were had
upon these judgments against the
heirs in order 10 subject the lands of
the intesJate to the satisfaction OF
the judgments. The crigiual' judg-
ments were regular; thetreccrds in the
scire facias proceedings were very in
complete. None of the IT turns OF the
officers were present. Most of the
papers during the lapse of time were
lost or mislaid. The record shows that
a kcire faciss was issued against the
guardian of the infant heirs, and exc
cuted judgments upon the scire facias
were rendered and the land col l..
There is nothing in the record to show,
pro nor con, that any scire facias were
ever served upon the minor heirs.
The record being silent upon this
point, the sheriff in 1921 executed
deeds ID the purchasers at the eX3cu-
ton sales, who went into possession
then, and tho lands have been in the
possession of Raid purchasers or their
heirs and assigns ever since. The
father Of the minors held a courtesy
estate in all the lands, the minors be-
ing only remainder men. The cour-
tesy estate had not fallen in at the
da.e OF the fling OF the original bills
in these cases. The bills were filed in
January, 1885, by the compliments,
who we're the minor heirs at the time
OF the sale o. the lands, claiming that
they had never been made parties
TO the proceedings upon Lcire fseias ;
that as to them the judgments there
on were void; that the theriffs
deeds were void as to them, and q
cloud upon their title. They ask that
the co urt declare the scire faeias pro-
cesdings void and the sherif's deeds
imperative as TO them. Demurrers
were filed as 10 these bills and the
cause heard upon the demurTerB, the
court holding: First, that TO extra
neous evidence could be given to
show there was no service OF Bcire
faciaJ upon the heirs-that the rec
ord must speak for itself upon
this point. Second, the Court
of Quarter Sessions of Montgom.
cry county was court OF
record having general jurisdiction.
Third, and therefore the court hav-
ing rendered judgments upon the scire
facias the legal presumption is that all
necessary parties were served with the
REQUESTS process and the court had
Jurisdiction. Fourth, the attack made
in. the bill upon the judgments were
collateral. Coke j. What constitutes
abduction. George jenkins vs.
State. Milliken K Nertrees
code; section $3.50, Construed.
The defendant was convicted OF alb
duction for the purpose Of prostitu-
ton. In constituting the above section
OF the code the court held that the
section was made law for the pur-
pose OF protecting viTtuous females,
aud not prostitutes, and therefore a
defendant cannot be convicted Of alb.
Outings female of bad viitue. The
evidence in the Gaze was not satsiac
tory on account Of the bad character
of the witness. Cook, j.