Edwards v. Weil
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern Division of the Eastern District of Tennessee. ■ This is a bill to remove a cloud from the title to two fractional lots on Chestnut street, in the city of Chattanooga, Tenn. The lots in question originally belonged to A. J. & G. W. Stoops, who conveyed them by deed of trust to one Filmore Gibson, as trustee, to secure a large indebtedness.
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Appeal from the Circuit Court of the United States for the Southern Division of the Eastern District of Tennessee. ■ This is a bill to remove a cloud from the title to two fractional lots on Chestnut street, in the city of Chattanooga, Tenn. The lots in question originally belonged to A. J. & G. W. Stoops, who conveyed them by deed of trust to one Filmore Gibson, as trustee, to secure a large indebtedness. Subsequently the same lots were conveyed by mortgage deed of Xenophon Wheeler, in trust, to secure an indebtedness of $6,000 for borrowed money to Isaiah and Herman Weil. At the date of…
1Opinion of the Court
LURTÜX, Circuit Judge,
after stating the facts, delivered the opinion of the court.
In Tennessee judgments and decrees of any court of record, obtained in the county where the debtor resides at the time of rendition, are by statute a lien upon the debtor’s land from the time same were rendered, for a period of one year from the rendition of the judgment or decree. Shannon’s Code Tenn. §§ 4708, 4710. This statutory lien attaches to after-acquired lands, and continues for a year from the date of their acquisition, and a levy and sale within that period will overreach and avoid all intermediate…
2Cases cited4 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Jackson ex dem. Trowbridge v. DunsbaghNew York Supreme Court · 1799
- Bridges v. CooperTennessee Supreme Court · 1897
- Bridges v. CooperTennessee Supreme Court · 1897
3Cited by1 opinion
- Guffey v. CreutzingerCourt of Appeals of Tennessee · 1998