Legal Opinion
Mills v. Bennett
Tennessee Supreme Court
Decided April 18, 1895PublishedCited by 12 opinions
FROM SHELBY. Appeal in error from Second Circuit Court of Shelby County. J. S. Galloway, J.
1Opinion of the CourtMcAlister, J.
The only question presented for determination in this cause is whether a debtor may *652waive his exemptions for the benefit of his creditor. The stipulation for a Waiver of exemptions was incorporated in the following note, viz.:
“Memphis, Tenn., August 23, 1894.
“Thirty days after date I promise to pay to the order of G. M. Anderson five dollars. I do hereby agree to waive my rights to exemption under the laws of the State of Tennessee until the bill is paid in full. Value received. H. H. Bennett.”
£ ‘ Witness: J. M. Simms,
“Wm. H. Mills.”
Indorsed: “I do hereby transfer the within note, to W. H.…
2Cases cited5 opinions
- Curtis v. O'BrienSupreme Court of Iowa · 1866
- Carter's Administrators v. CarterSupreme Court of Florida · 1884
- Recht v. KellyIllinois Supreme Court · 1876
- Branch v. . TomlinsonSupreme Court of North Carolina · 1877
- Brown v. LeitchSupreme Court of Alabama · 1877
3Cited by12 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- Dennis v. MosesWashington Supreme Court · 1898
- Sherwin-Williams Co. v. MorrisCourt of Appeals of Tennessee · 1941
- Forbach v. SteinfeldArizona Supreme Court · 1928
- American Trust & Banking Co. v. TwinamTennessee Supreme Court · 1948
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