State ex rel. Barker v. McAuley
Tennessee Supreme Court
FROM BENTON. Appeal by defendants from a decree of the Chancery Court at Camden, February Term, 1869. John Somers, Ch. Widow incompetent as witness: 1 G-r. Ev., §§ 334 to 338; Kimbrough v. Mitchell, 1 Head, 539. insisted Mrs. Sarah.
Read the full summary
FROM BENTON. Appeal by defendants from a decree of the Chancery Court at Camden, February Term, 1869. John Somers, Ch. Widow incompetent as witness: 1 G-r. Ev., §§ 334 to 338; Kimbrough v. Mitchell, 1 Head, 539. insisted Mrs. Sarah. McAuley was a competent witness; she had no interest in the suit, and cited Coffin v. Jones, 13, Pick., 445; Williams v. Baldwin, 7 Yer., 506; Cornell v. Vanactsdolen, 4 Barr, 364; Wills v. Tucker, 3 Binn, 366; Saunders v. Hendrix, 5 Ala., 224; McGuire v. Maloney, 1 B. Mon., 224; Richardson v. Learned, 10 Pick., 261; Dyer v. ITomer, 22 Pick., 253; Walker v.…
1Opinion of the CourtEeeemaN, J.
Sarah Barker, then Sarah Mayfield, became entitled to about the sum of fifteen hundred dollars from the estate of her father, John Crockett, which seems to have been involved in litigation in the Chancery Court at Waverly, Humphreys county.
By a decree of said Court, at March Term, 1860, W. M. McAuley was appointed trustee for said Sarah, and the fund settled to her sole and separate use. McAuley was directed to give bond *427and security for tbe faithful performance of tbe duties of bis trust; and by a singular direction of tbe Court, tbe decree says, tbat said trustee, “after giving tbe bond…
2Cited by3 opinions
- Norman v. StateTennessee Supreme Court · 1912
- Burton v. StateCourt of Criminal Appeals of Tennessee · 1973
- Patton v. WilsonTennessee Supreme Court · 1878