Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 90

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 90

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: to the unrepresented party, but as to all others whose interests were identical and inseparable from his own. This effect would not perhaps follow if the decree had been a final one, and the lands of the testator had been sold to satisfy the debts thus adjudicated. Upon a collateral attack upon the title of the purchaser, it is probable that the interest of the' minors and others before the Court would be held to have passed to the purchaser. But whetherthe decree of.1880 was void or only voidable as to Lewis London, the result would now be the same.' Upon this appeal, we would be compelled to reverse it, and remand for a new accounting. This new account has been already had, upon full proof, and with all the parties represented, and it would now be folly to remand to have done that which has been already done. So, while the Chancellor' had no power to set aside a decree merely erroneous, yet, where, as in a case like this, the' result has been already reached which would be attained by a reversal, we will not hold such a decree, ordering a new account, reversible Boyd v. Sims, 87 Tenn., 771. We will, therefore, treat the decree vacating as error. the decree of 1880, and ordering a new report upon the accounts of the executors and upon the debts unpaid, as having been properly made. The next question to be considered is as to the liability of the executors on account of their management of the Arkansas plantation. The testator, by the third item of his will, directed that this plantation should be carried 'on, and his other real estate rented out until his daughter, Virginia, should marry and attain the age of eighteen, or until she At the date of this will, this daughter was about ten years of age. number more

Product details

  • Paperback | 178 pages
  • 189 x 246 x 10mm | 327g
  • English
  • Illustrations, black and white
  • 1236800214
  • 9781236800213