Lally v. Holland
Tennessee Supreme Court
This was a bill filed in the common law and chancery court of the city of Memphis. At the May term, 1850, Turley, Judge, presiding, a decree was rendered in favor of the complainants, to the extent of the fund remaining of the proceeds of the sale of the slave after the payment of the debt secured by the mortgage. From this decree respondent McKinney appealed.
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This was a bill filed in the common law and chancery court of the city of Memphis. At the May term, 1850, Turley, Judge, presiding, a decree was rendered in favor of the complainants, to the extent of the fund remaining of the proceeds of the sale of the slave after the payment of the debt secured by the mortgage. From this decree respondent McKinney appealed. A mistake in a deed in the description of property conveyed will be corrected in chancery when the proof is clear. 1 Sug. Ven., 180, note; 2 Johns. Oh. R., 585; 8 Humph. R., 230-6; 6 Id., 287; 4 Blkf. R., 432; 1 Meigs’ Dig., 203-4; Oct.…
1Opinion of the CourtMcKinney, J.
This bill was brought to recover a slave named Hampton, in the possession of, and claimed by the defendant McKinney. The complainants found their right to said slave upon a deed of trust, alleged to have been executed on, the 20th of October, 1846, by the defendant Jackson C. Holland, to the complainant William Lally, for the indemnity of the complainant Martin Lally, against liability on account of certain outstanding debts remaining due from the partnership which had previously existed between the defendant Holland and said Martin Lally.
The deed of trust was executed at Holly Springs, in…
2Cited by8 opinions
- Moore v. ColeTennessee Supreme Court · 1956
- Brister v. Estate of BrubakerCourt of Appeals of Tennessee · 1960
- Continental Investments v. United StatesDistrict Court, W.D. Tennessee · 1953
- Hutto v. BensonDistrict Court, E.D. Tennessee · 1953
- Brown v. SealCourt of Appeals of Tennessee · 2005
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