Brevard v. Neely
Tennessee Supreme Court
FROM OAFTSTON. This action of trover was instituted by the defendant in error, as trustee, against the plaintiff in error, in the eircuit court of Cannon county, upon the facts fully stated in the opinion. At the June term, 1854, before judge Davidson, there was verdict and judgment for the plaintiff — from whieh the defendant appealed in error to this court.
1Opinion of the Court
McKinney, J\,
delivered the opinion of the court.
This case was before us at the last term, and was remanded for a new trial. The question then, was, upon the effect of the supposed probate and registration of the deed of trust set forth in the record. And we held, that the registration of the deed was wholly inoperative, for the reason that Fowler, the maker of the deed, who was clerk of the county court, had no authority to take the probate of his own deed.
TJpon the second trial, the deed was proved by the two subscribing witnesses, and offered in evidence as a common law deed. To this, no…
2Cited by2 opinions
- Hildebrand v. Resource Bancshares Mortgage Group (In Re Cohee)United States Bankruptcy Court, M.D. Tennessee · 1995
- Rumpf v. Home Federal Savings & Loan Ass'n of Upper East TennesseeCourt of Appeals of Tennessee · 1983