Legal Opinion

Martin v. Martin

Tennessee Supreme Court

Decided September 15, 1870PublishedCited by 2 opinions

FROM WASHINGTON. In the Chancery Court, at Jonesboro, H. Smith, Ch., presiding. cited 1 Sto. Eq., Jur., §§ 224, 236, 238; Talley v. Smith, 1 Cold., 290; 8 Hum., 145, on weakness of understanding. Bay-less v. Williams, 6 Gold., 440, as to confidential relations ; and insisted that the relation of parent and child was such as to be within the rule. cited and commented upon Talley v. Smith, 1 Cold., 290; Keeble v, Cummins, 5 Hay., 43; Med.

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FROM WASHINGTON. In the Chancery Court, at Jonesboro, H. Smith, Ch., presiding. cited 1 Sto. Eq., Jur., §§ 224, 236, 238; Talley v. Smith, 1 Cold., 290; 8 Hum., 145, on weakness of understanding. Bay-less v. Williams, 6 Gold., 440, as to confidential relations ; and insisted that the relation of parent and child was such as to be within the rule. cited and commented upon Talley v. Smith, 1 Cold., 290; Keeble v, Cummins, 5 Hay., 43; Med. Jur., Whar. and Settle, § 5, top p. 12; lb., § 35, p. 30; Gibson v. Gibson, 9 Yer., 332; Van AM v. Hunter, 5 Johns, 148; Rowland v. Rowland, 2 Sneed, 543;…

1Opinion of the Court

jSTicholsojST, C. J.,

delivered the opinion of the Court.

About the 1st of June, 1866, M. H. Martin conveyed all of his real estate, consisting of two tracts, one of two hundred, and the other of sixty acres, to his two sons, Joseph PI. Martin and Madison Martin. The tract for 200 acres was conveyed to James H., for the consideration of one dollar, and in consideration that Joseph H., executed a bond in the penalty of $2,000 for the support of his father during his life. The tract of 60 acres was conveyed to Madison for the consideration of love and affection. A-t the time of these conveyances,…

2Cited by2 opinions

  1. Warner v. MaroneyCourt of Appeals of Tennessee · 1932
  2. Nicholas v. WrightCourt of Appeals of Tennessee · 1956

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