The Parisian. (Paris, Tenn.) 1907-1962, 1920-02-13
LOCAL DECISIONS
in CIVIL APPEALS
COURT AT JACKSON
Dallas Smith Loses Suit Against City
of Paris; Was Fined For Liq-
uor In Buggy.
THREE OTHER DECISIONS
HANDED DOWN BY COURT
Title To Property of Late Mrs. Up
church Fixed AS Passing To
Mother of 'Norie Howard.

Dallas Smith lost his suit against
the city of Paris, in the civil appeals
court at Jackson as per decision ham
ded down last Saturday, because he
did not file appeal bond within time
allowed by law, nor within the time
allowed by the court, and the bill
of exceptions not marked filed. His
appeal was dismissed at cost of plain
tiff in error. Smith had been fined
$25 by the City of Paris following
the finding of lot of whiskey in his
buggy at the hitching stand. Smith
claimed he knew nothing of the liq-
uer and that someone else had plac-
ed it in his buggy.
Other decisions handed down by
the civil appeals court, were:
Mrs. Fannie Williams ct al, VS.
John J. Doherty ct al, Henry county,
equity. The complainants are the
parental uncles and aunts of one F.
l.. Manley. They claim that they are
entitled to the possession of certain
real estate in Henry county of which
F. L. Manley died seized and posses
sed. F. L. Manley left no children
or the descendants Of children, but
he left half brothers and half sis
ter, being children of F. L. Manley's
mother. The land sought by the
complainants is land that Manley in
herited from his father. The defend
ants filed a demurrer to complain
ants bill alleging that Manley's half
brothers and half sister were the
owners of the land by inheritance in
stead of the complainants. The de-
murrer was sustained,
Half brothers and half sisters will
inherit the property of Manley to the
exclusion of his uncles and aunts on
his perennial side, though the land de-
scended to Manley from his father.
The decree of the chancellor is af-
frmed. ,.
This decision is supported by z
Yerg, 422 1st Swain 469, and Srd
Bax 420.
Lamb & Ewing, Exrs. vs.. Norrie
Howard ct al, Henry chancery. This
case involves the title and ownership
of certain real estate in Paris and
fund of about 81 900 in the custody
of the Chancery Court of Henry
County. The property in controversy
was devised by Mrs. Dora Upchurch
to her brother, Norrie |. Howard, with
the proviso that "should he die with
out lineal descendants living" 1t
should go over to Mrs. Tennie McVay
and three others named. it is held
that the words quoted contemplated a
death before the death of the testa-
trix, and that NorrieI. Howard, who
survived the testatrix took an abso-
lutte title in fee, which passed, upon
his death intestate, to his mother,
Mrs. Sarah E. Howard. Also held
that Norrie Howard was not stopped
by former DEGREES in this cause hold
ing that he had only a life estate
The chancellor held otherwise. Re-
versed and remanded for disburse-
ment of funds in court.
Don Dumas, Jr., VS., Mrs. Matte
Dumas ct al, No. 2, Henry County,
equity. This case involves the ques-
ton of the proper location of the
line dividing or between the lots OF
complainants and defendants. The
determinative fact is as to the date
when the will of the father of the
parties, under which they acquired
the lots, became effective as vesting
title. The father executed his will in
1907. In 1908 the testator himself
made change in the line in question
and in 1910 he died, leaving the line
as changed by him in 1905. Held
the will became operative after. the
testator's death and the line fixed by
him is controlling, without necessity
for codicil after the change in line.