Laird v. Scott
Tennessee Supreme Court
FROM SHELBY. Appeal from decree of Chancery Court of Memphis by both partes. W. M. Smith, J. whose brief is not in the record as furnished the reporter. with whom was Wm.
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FROM SHELBY. Appeal from decree of Chancery Court of Memphis by both partes. W. M. Smith, J. whose brief is not in the record as furnished the reporter. with whom was Wm. L. Scott, who insisted— 1. The deed, 25th August, 1854, from Barbiere, sr., and wife, to Barbiere, jr., shows on its face that it was not an execution, or attempted execution, of the power; but that it was a fraud upon the power and a breach of trust, in which Barbiere, jr., participated. 2. It would be fraudulent, because of gross inadequacy: Wright y. Wilson, 2 Yer.; 10 Yer., 202-5; 2 Head, 289. 3. It was not in execution…
1Opinion of the CourtNicholson, C. J.
On the 12th of February, 1851, Joseph Barbiere conveyed to his wife, Eloise Barbiere, for natural love and affection, and for the better securing a maintenance and support for the said Eloise and their children— viz., Joseph, Eloise, Sophia, and Madeline — a lot in South Memphis, known as “Lot No. 1 in Block No. 34,” to her, the said Eloise, for her sole and separate use and benefit, maintenance and support, and free from debts, liabilities and control of her said husband or any future one, for and during the natural life of *331tbe said Eloise; and at ber death, to be equally divided in .fee…
2Cases cited2 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by4 opinions
- Gilliland v. FennSupreme Court of Alabama · 1890
- Roach v. FranciscoTennessee Supreme Court · 1917
- Smith v. TimNew York Court of Common Pleas · 1884
- Edmondson v. HarrisCourt of Appeals of Tennessee · 1875