Chester v. Apperson
Tennessee Supreme Court
EROM OBION. Appeal by E. I. Chester, from the decree of tbe Chancery Court at Troy, May Special Term, 1868. John 'Somers, Ch. 1st. "Want of tender, etc. The bill does not admit any specific amount to be due. The bond is in lien of payment into court: 3 Yer., 484. 2d and 3d. The matters complained of are so complicated, that it was not a proper case for a court of law and a jury.
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EROM OBION. Appeal by E. I. Chester, from the decree of tbe Chancery Court at Troy, May Special Term, 1868. John 'Somers, Ch. 1st. "Want of tender, etc. The bill does not admit any specific amount to be due. The bond is in lien of payment into court: 3 Yer., 484. 2d and 3d. The matters complained of are so complicated, that it was not a proper case for a court of law and a jury. In such cases a court of equity bas jurisdiction: Bumjpass v. Reams, 1 Sneed, 595; Buchanan v. Nolen, 3 Hum., 63; Frierson v. Moody, 3 Hum., 561; McKoin v. Cooley, 3 Hum., 559; 3 Col., 477. Besides tbe usury of two…
1Opinion of the Court
FREEMAN, J.,
delivered tbe opinion of the Court.
The bill in this case is -filed for the purpose of having a judgment at law enjoined, obtained at January Term, 1867, of the Circuit Court for Shelby county, 'against complainant, Robert I. Chester, as maker, and ¥m. B. Chester as indorser, of a note for $4,133.83, dated 15th April, 1860, and to have an investigation of the matters between complainants and defendants in a court of chancery.
The first ground for relief, as stated in complainant’s bill, which we notice, is the excuse given for not making his defense at law. It is in substance, that…
2Cited by4 opinions
- Butler v. MorseSupreme Court of New Hampshire · 1891
- Phillips v. LandessTennessee Supreme Court · 1925
- Perrine v. WhiteNew Jersey Court of Chancery · 1882
- Stark v. SperryCourt of Appeals of Tennessee · 1875