Legal Opinion

Porter's Lessee v. Cocke

Tennessee Supreme Court

Decided May 15, 1823PublishedCited by 11 opinions

In Error.

1Opinion of the Court

Per Judge Brown.

The questions presented for determination by this case are, first, is a judgment a lien oh the lands of the debtor; sec*24ond, if a judgment be a lien on the lands of a debtor, in what manner may this lien be suspended or discharged; and, thirdly, if Porter’s judgment was not a lien, or that lien were by any means destroyed before the sale under his judgment, and if the sale to Thomas Cocke was fraudulent, whether he is not protected by the statute of limitations ?

By the common law, lands and tenements were not subject to be taken in execution at the suit of a common person,…

2Cases cited2 opinions

  1. Ricard v. WilliamsSupreme Court of the United States · 1822
  2. Kemp v. DicksonIndiana Superior Court · 1871

3Cited by11 opinions

  1. Norman Redwing v. Catholic Bishop for the Diocese of MemphisTennessee Supreme Court · 2012
  2. Hackworth v. Ralston Purina CompanyTennessee Supreme Court · 1964
  3. Akers v. GillentineCourt of Appeals of Tennessee · 1950
  4. Fite v. JenningsTennessee Supreme Court · 1952
  5. Phillips v. PhillipsTennessee Supreme Court · 1975

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