Legal Opinion · Dissent

Evans v. Young

Tennessee Supreme Court

Decided February 8, 1957Published

1DissentSwepston, Justice

I respectfully dissent from the majority opinion for the following reasons. In the final analysis the real question is the proper construction of Chapter 14 of the Acts of 1919, which provided as follows:

“The collateral kindred of a deceased person of color shall inherit his estate, real and personal, as in the case of the collateral kindred of a white person. ’ ’

This Act was amended by Chapter 133 of the Public Acts of 1929, as the same now appears in T.C.A. sec. 31-303, but said amendment is not material in this discussion.

*384The majority opinion construes this Act according to the letter…

2Cases cited8 opinions

  1. Finley v. BrownTennessee Supreme Court · 1909
  2. Smith v. MitchellTennessee Supreme Court · 1947
  3. Cole v. TaylorTennessee Supreme Court · 1915
  4. Napier v. ChurchTennessee Supreme Court · 1915
  5. Tennessee Title Co. v. First Federal Savings & Loan Ass'nTennessee Supreme Court · 1947

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