Denton v. Woods
Tennessee Supreme Court
EB.0M COCKE. Writ of error ,to _ Chancery Court of Cocke County. H. C. Smith, Ch. Bill to set aside, for fraud, a chancery sale of the lands of E. M. Rutherford, and to recover the lands and rents. Complainants are Rutherford’s heirs. Respondents are heirs of Gibson Woods, the purchaser at that sale. The lands were sold under hills brought by general creditors of F. M. ‘Rutherford t© foreclose a mature trust deed on the land, and obtain the surplus.
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EB.0M COCKE. Writ of error ,to _ Chancery Court of Cocke County. H. C. Smith, Ch. Bill to set aside, for fraud, a chancery sale of the lands of E. M. Rutherford, and to recover the lands and rents. Complainants are Rutherford’s heirs. Respondents are heirs of Gibson Woods, the purchaser at that sale. The lands were sold under hills brought by general creditors of F. M. ‘Rutherford t© foreclose a mature trust deed on the land, and obtain the surplus. Gibson "Woods was beneficiary, in that trust deed, and a party defendant to said bills. Rutherford was in prison on a criminal charge when the…
1Opinion of the CourtTurney, C. J.
The assignments of error are: “First — Because the persons char-ged with fraud *39in procuring tlie decree are not parties to this suit to set them aside for fraud.”
“Second — Because there is no proof of fraud against appellant’s ancestor, G-ibson Woods, whose title to the land was good under the decree and sale of the Chancery Court, and whose debt' is declared'valid in the decree appealed from.”
“ Third — -There is no proof of fraud against the persons who obtained the former decrees herein attacked; the mere fact that the complainant’s ancestor was a felon is not sufficient proof of fraud…
2Cited by15 opinions
- Memphis Street Railway Co. v. JohnsonTennessee Supreme Court · 1905
- State v. JohnsonCourt of Criminal Appeals of Tennessee · 1984
- State v. ReidTennessee Supreme Court · 1998
- Cosmopolitan Life Insurance v. WoodwardCourt of Appeals of Tennessee · 1928
- Chandler v. Cushing-Young Shingle Co.Washington Supreme Court · 1895
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