Clements v. Berry
Supreme Court of the United States
This case was brought up from the Supreme Court of Tennessee, by a writ of error issued under the twenty-fifth section of the Judiciary Act. Clements, the plaintiff in error, was the" marshal of the United' States District of Middle Tennessee. The.action was a replevin brought by Berry against Clements, in the Circuit Court of Davidson County, Tennessee "(State court), and upon the trial in that court the following statement of facts was. agreed upon.
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This case was brought up from the Supreme Court of Tennessee, by a writ of error issued under the twenty-fifth section of the Judiciary Act. Clements, the plaintiff in error, was the" marshal of the United' States District of Middle Tennessee. The.action was a replevin brought by Berry against Clements, in the Circuit Court of Davidson County, Tennessee "(State court), and upon the trial in that court the following statement of facts was. agreed upon. Daniel Berry v. J. B. Clements. Replevin. — Circuit Court, Davidson County. In this case the defendant comes and defends the wrong and injury,…
1Opinion of the CourtJustice McLEAN
This case is brought here by a writ of error-to the Supreme Court of the State of Tennessee, under the twenty-fifth section of the Judiciary Act.
Thé jurisdiction of this court is the first question to be considered. The plaintiff sets up a lien on certain personal property, under a judgment rendered by the Circuit Court of the United States, held for the Middle District of Tennessee. The defendant asserts a lien under a deed of trust for the property, from Charles F. Berry, and the Supreme Court of Tennessee held that the. lien of the deed was paramount to that of the judgment. This brings…
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