Bryant v. McCollum
Tennessee Supreme Court
ER0M CARROLL. Appeal from a decree of tbe Chancery Court at Huntingdon, refusing to set aside a sale on the application, of purchaser, February Term, 1871. John Somers, Ch. . (the purchaser,) insisted that the suit abated by death of Boach: Sto. Eq, PL, §§ 829, 330, 331, 354, 367, 368; Lewis y.
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ER0M CARROLL. Appeal from a decree of tbe Chancery Court at Huntingdon, refusing to set aside a sale on the application, of purchaser, February Term, 1871. John Somers, Ch. . (the purchaser,) insisted that the suit abated by death of Boach: Sto. Eq, PL, §§ 829, 330, 331, 354, 367, 368; Lewis y. Outlaw, 1 Tenn., 140; Carson v. Henderson, 3 Hayw., 231; Whitley v. Davis, 1 Swan, 335, 336; Gilchrist v. Cannon, 1 Col., 587 to 589; Mclvor v. Cherry, 8 Hum., 713; Douglass v. Harrison, 2 Sneed, 382; Carter v. Carriger, 3 Ter.-, 411; Kelly y. Hooper, 3 Ter., 395, 396. Sale of land after death of…
1Opinion of the CourtNelson, J.
By the chancellor’s decree, pronounced at August Term, 1869, it was declared that the deed in the pleadings mentioned, executed 5th August, 1865, by McCollum to Roach, although absolute on the face, was merely a mortgage to indemnify Roach as security for McCollum, and an account was ordered to ascertain - said liability, as well as the amount due complainant. The Master made a report in obedience to this order, which was con*514firmed by a decree at tbe February Term, 1810, and in said decree be was directed to sell tbe land described in tbe record at public sale on a credit of six and twelve…
2Cited by2 opinions
- State v. AllenCourt of Appeals of Tennessee · 1943
- Donlon v. DonlonCourt of Appeals of Tennessee · 1967