Tennessee Reports (Volume 1; V. 38); Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: of as a "note," and must be taken to have no seal. Walker et al. v. McConico et al., 10 Yerg. 228. And he is barred by the statute of limitations. It was executed as early as 1845 or 1846, and cannot, as it appears in this record, be allowed against Gardenhire's estate. Affirm the decree. REPS JONES v. DANIEL JONES. Knoxville, September, 1858. Mortgage ? Parol Defeasance Of Title Bond, Ob Other Executory Contract. It is well settled, that though a conveyance be absolute in its terms, it may be shown by paro proof, to be a mortgage. The same rule applies to a title bond, or other executory contract, and they may be shown, by parol proof, to be a mortgage. [Citing in James v. Fields, 5 Heisk. 395, and Turbeville u. Gibson, 5 Heisk, 576.] FROM COCRE. [105] At the September term, 1858, of the Chancery Court at Newport, Chancellor Lucky pronounced a' decree for the defendant. The complainant appealed. Swan and Fletcher, fpr the complainant; McFarland, for the defendant. Wright, J., delivered the opinion of the court. The decree of the Chancellor in this cause should be affirmed. As to the three shares in tht Daniel Jones, Sr., tract of said land, purchased by complainant of the di "?ndant, there is no controversy. That was an absolute purchase, and is so admitted in the bill and answer, and so Bi-jwn to be in the proof. The decree as to that, is conceded to be proper. The contest here, is as to forty-two acres of the purchase made by Dr.niel Jones, at the clerk and master's sale, in the year 1852. As to hat, complainant insists he was a joint purchaser with defendant [ioJ at the master s sr1." and was to have that much of the whole purchase out of a par4' -tion of the tract. The defendant in his answer, de-' us that he made the purchase in his own name and...