Reports of Cases Argued and Adjudged in the Supreme Court of Errors and Appeals of Tennessee; 3, 4, and 5 Haywood in One Volume, with Notes and Refere (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1870 Excerpt: ... Johnson v. Pryor. commenced by Pryor, and he obtained a negro fellow from Johnson, and a bill of sale was given, attested by Denson. Afterwards, at another time, a writing was obtained from Johnson, with his signature thereto, stating that he was only to have the sheriff's certificate, and not a deed with warranty. This was in the handwriting of Denson. And one witness swore that Pryor told him Denson was in partnership with him in the sale of the lands, and that his money paid for the purchase. The counsel on both sides argued lengthily in favor of their respective clients, for two days. Per Curiam. If Pryor, when he sold the land to John245 son, knew of a fact which rendered his title invalid, and yet concealed that fact from Johnson, the sale is void; for equity requires of him a full disclosure of everything prejudicial to the title which he knows of. And if it be true that Denson, the sheriff, and Pryor were in partnership in this sale, that rendered the title absolutely void, by the act of 1805, ch. 31; and, indeed, it would be void by the rules of the common law, without the aid of that statute. Now is it a fact that they were in partnership, and did conceal that fact when Pryor sold to Johnson? There is but one witness who deposes to it, but his testimony is confirmed by strong circumstances. The assignment on the bond the day before the sale is in the handwriting of Denson. He went 60 miles with Pryor, to assist in the sale to Jackson. He attested the bill of sale for the negro. He drew the written acknowledgment which Jackson signed, stating the effect of the bargain. He did not take all this pains for nothing; he was interested. And as the witness says--and as to the concealment there is no doubt, for they both stated to Jackson that the title w...