Tennessee Superior Court for Law and Equity Court Cases

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  1. Cowan v. Shields and Lackey (1808)

    In Equity. — The bill charged that a bond was given by Shields to Lackey for property. Lackey assigned the bond to the plaintiff, who received a horse in part. Suit was commenced in the name of Lackey against Shields, but for the benefit of the plaintiff, and judgment recovered. After which Lackey gave Shields a receipt in full against the judgment. The bill charges that the receipt was given by Lackey with notice on the part of Shields, that the interest of the bond resided in the [...]

    Court: Tennessee Superior Court for Law and Equity
  2. Cole v. Sands (1805)

    James Newel, of Virginia, gave his note to James Bryson for 1875 pounds of bar-iron. The defendant undertook to collect this note and account to the plaintiff. The plaintiff proved that the defendant had collected it. The defendant proved that bar-iron had sold low for cash, and insisted that the jury should estimate the value of the iron at the lowest cash price.


    Court: Tennessee Superior Court for Law and Equity
  3. Craddock's Lessee v. Stalcup (1808)

    The lessor of the plaintiff had the oldest entry and grant. The plaintiff's entry called to begin at a certain place, running east and south for quantity. The defendant's entry began at the same place, calling to run east and north for quantity. The defendant's entry was made before the plaintiff's grant issued.


    Court: Tennessee Superior Court for Law and Equity
  4. M'alister's Lessee v. Williams (1805)

    Ejectment. — The lessor of the plaintiff produced a grant to James Disart, upon a fifty shilling warrant for 640 acres; the grant was dated on the 29th of July 1793, and registered the 21st of December following, No. 423; a deed from Disart to the lessor of the plaintiff, dated the 10th of November, 1795.


    Court: Tennessee Superior Court for Law and Equity
  5. Chisum's Lessee v. Wooten (1808)

    Appeal. — WHITESIDE produced affidavits, showing that bond and security had been given in the County Court, and also reasons filed; and that by some means these papers had been lost, without the default of the defendant, so that they could not be sent up as part of the record. The clerk, at the foot of the record sent, certified the same thing, and that the appeal was allowed by the County Court.


    Court: Tennessee Superior Court for Law and Equity
  6. Smith's Lessee v. Winton (1807)

    "Alexander Outlaw maketh oath, that, since the trial of said cause, he hath ascertained that the grant under which the lessor of the plaintiff claims, purporting to be for 50,000 acres, was fraudulently obtained from the State of North Carolina; that warrants and plats of survey were never filed in the


    Court: Tennessee Superior Court for Law and Equity
  7. Evens v. Jackson (1807)

    There had formerly been entered on the docket within two terms a suggestion of the plaintiff's death, and this suggestion had remained upon the docket one or two terms, having been continued at each court. It was now moved that the suit should be revived in the name of the representative.


    Court: Tennessee Superior Court for Law and Equity
  8. Wilson (Senior and Junior) v. Kilcannons. (1805)

    In Equity. — The bill stated that the plaintiff, S. Wilson, Sen., was entitled to two tracts of land of 640 acres each, upon county entries, No. 13, for 640 acres, of which 513½ acres were granted to him;

    Court: Tennessee Superior Court for Law and Equity
  9. State v. Humphreys (1808)

    Indictment in the County Court for larceny, in the stealing of one dollar specie. Appeal to this court. The indictment did not conclude against the statute, but in the ordinary form of an indictment at the common law.


    Court: Tennessee Superior Court for Law and Equity
  10. Lima v. Pinkston (1808)

    2d. In the writ of certiorari the judgment is described as being for $300, when that is not the sum mentioned in the record sent up. Security was offered in court, in order to do away the first objection, and accepted by POWEL and HUMPHREYS, JJ.; absente OVERTON, J.


    Court: Tennessee Superior Court for Law and Equity
  11. Sample v. Looney (1804)

    Case. — The counts in the declaration wereindebitatus assumpsit for $337.50, for a negro girl sold and delivered quantum valebat, and quantum meruit for another negro girl. Upon examination of the testimony it appeared by the oath of Mr. Robertson, that he was present when the negro girl named Milly, alluded to, was sold by his relation Mr. Milton to the plaintiff. When in treaty respecting the purchase of this girl, Milton's wife, and perhaps others of his family, told the plaintiff that [...]

    Court: Tennessee Superior Court for Law and Equity
  12. M'farlane v. Moore (1805)

    Rule for New Trial. — This was an action upon the case, plea non-assumpsit. M'Farlane had purchased a negro woman of the defendant for a full price, and took a bill of sale warranting the property of the negro.


    Court: Tennessee Superior Court for Law and Equity
  13. Blakemore v. Chambles (1799)

    Ejectment. — The plaintiff claimed under a grant for a pre-emption right. The defendant under another pre-emption right, for which a grant issued to the heirs of Murray. — The defendant claimed under the oldest entry, but the youngest grant. The question in this case depended upon the manner in which the surveys were made. At the time of Murray's survey, his heir-at-law was a minor, nor was he present when it was made, but it was proved to have been done by a surveyor, duly [...]

    Court: Tennessee Superior Court for Law and Equity
  14. M'clure Elder v. Byrd (1808)

    Case, for goods, wares, and merchandise sold and delivered; plea,non assumpsit, and issue, c. — The plaintiffs resorted to various modes of proof to establish the account, — some items by disinterested testimony; other articles were proved to have been charged, in the handwriting of a clerk who did business in the house, and who was dead. Two charges, in the handwriting of the same clerk, did not specify the goods delivered, but stated the amount


    Court: Tennessee Superior Court for Law and Equity
  15. Miller's Lessee v. Holt (1805)

    Ejectment, plea not guilty. — The lessor of the plaintiff derived his title from a grant issued to Thomas King for 640 acres of land, dated the 8th of April, 1794, and registered the 4th of April, 1800. A deed from King to Miller, dated February 11, 1802, was produced, and also another grant for 640 acres, dated April the 30th, 1803, No. 315, upon an entry made in John Armstrong's office on the 9th of April, 1784, but the warrant upon this entry was removed and surveyed at the place now [...]

    Court: Tennessee Superior Court for Law and Equity
  16. Reynolds and M'farlane v. M'farlane (1809)

    Case, on a quantum valebant, for goods, wares, and merchandise. — The plaintiffs were merchants, and advertised that they would take cotton in payment. The defendant took up goods.


    Court: Tennessee Superior Court for Law and Equity
  17. Sevier Anderson's Lessee v. Hill (1808)

    Ejectment; plea, not guilty, and issue. — The plaintiff claimed under a grant for 32,000 acres of land, calling to begin at marked trees, thence north 1025 chains to the north-east corner of a tract of land granted to Stokeley Donnelson, for 25,060 acres, c., and this last tract of Donnelson's calls to adjoin another in his name of 60,400 acres, which begins where the Kentucky, late the Virginia line, crosses Cumberland River agreeably to the annexed figure.


    Court: Tennessee Superior Court for Law and Equity
  18. Lewis and Lenoir v. Outlaws. (1805)

    Upon examination of the orders taken in the cause, it appeared that two publications had been made in the "Knoxville Gazette" to revive the suit as against the heirs, who were infants, but no person had been appointed their guardian until this day, when Col. Outlaw, one of the defendants, applied, and was appointed. The counsel for the defendants insisted that the guardian should have time until next term to answer.

    Court: Tennessee Superior Court for Law and Equity
  19. Denton v. Buckingham and Compton (1804)

    A suit was instituted in the County Court of Knox by Denton against M'Daniel, in which the defendants were special bail. Judgment was recovered, upon which a ca. sa. issued and was returned; a sci. fa.


    Court: Tennessee Superior Court for Law and Equity
  20. Disha v. Boyce (1808)

    An action had been commenced in the County Court, where a demurrer to the declaration was filed; when the case came on the attorney withdrew his demurrer and confessed judgment, the defendant not being present. Appeal to this court, and, upon affidavit, it was moved for leave to plead


    Court: Tennessee Superior Court for Law and Equity

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