Bennet v. Holt
Tennessee Supreme Court
This was an action of assumpsit for the use and occupation of certain lands. The plaintiff obtained a verdict and judgment in the circuit court, from which the defendant prayed and obtained an appeal in the nature of a writ of error to this court.
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This was an action of assumpsit for the use and occupation of certain lands. The plaintiff obtained a verdict and judgment in the circuit court, from which the defendant prayed and obtained an appeal in the nature of a writ of error to this court. On the trial below, a bill of exceptions was sealed by the court, from which it appears that Bennet, by deed of indenture, in the usual form, conveyed the land in question to Holt in fee simple, for which Holt paid f>500 in money and $500 in notes; Holt executed a covenant at the same time, in which it was stipulated, that should Bennet pay him the…
1Opinion of the Court
Opinion of the court delivered by
Judge Haywood.
This cause has been very ably and elaborately argued, and the decision would have been far more difficult, but for the pains taken at the bar in the production of authorities, the examination of their principles, and the metho-dised and lucid presentation of every part of the subject which required consideration. If every case were investigated with the same accuracy, embarrassment would be greatly dimininished, and the chance for the intervention of mistake, would be much circumscribed.
The action is founded on the assumption, that the conveyance…
2Cited by2 opinions
- Edwards v. HuntCourt of Appeals of Tennessee · 1982
- Charlene C. Bradford v. Josh TerryCourt of Appeals of Tennessee · 2021