Hale v. Darter
Tennessee Supreme Court
Darter and Hale were the owners of adjoining tracts of land, in the county of Hawkins. A conflict arose between them in reference to the boundaries of their respective tracts. Darter claimed land in possession of Hale, and Hale insisting that the land was a part of his tract, Darter instituted an action of ejectment against Hale, in the Circuit Court of Hawkins.
Read the full summary
Darter and Hale were the owners of adjoining tracts of land, in the county of Hawkins. A conflict arose between them in reference to the boundaries of their respective tracts. Darter claimed land in possession of Hale, and Hale insisting that the land was a part of his tract, Darter instituted an action of ejectment against Hale, in the Circuit Court of Hawkins. After a trial and verdict for the plaintiff, - (which was set aside,) Hale filed this bill in the Chancery Court-at Rogersville, on the 26th day of May, 1841, against Thompson, the administrator of Hopkins, deceased, and against…
1Opinion of the CourtReese, J.
So far as the administrator of Hopkins is concerned, this is a bill for the specific performance of a contract to convey lands, made by Hopkins in his lifetime with the complainant, and evidenced by a title bond. The heirs of Hopkins are not made parties to the suit, and the main question is, whether a suit in Chancery for the conveyance of real estate, which has descended to the heirs by the death of the ancestor, can be maintained against the personal representative alone, without joining the heirs. Upon general principles it is most obvious that it cannot be maintained. The general rule as…
2Cited by3 opinions
- Wright v. Universal Tire, Inc.Court of Appeals of Tennessee · 1978
- Collins v. StateSupreme Court of Florida · 1894
- Markey v. StateSupreme Court of Florida · 1904