Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 51 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...Jilorris, Adm'r v. The Widow and Heirs, 11 Hum., 514. In Morris v. Richardson, a petition was presented in the Circuit Court by a guardian, in which the widow and the minors, by their next friend, joined for the partition of real estate, and the sale of slaves in lieu of partition, and the sale of the slaves was set aside for the reasons specially stated in the opinion. In that case, the jurisdiction was sustained, but it was observed that the "power conferred upon the Circuit Courts by the statute is limited, and, as we have had occasion before to state, is to be regarded as a special jurisdiction: " See 11 Hum., 394. In Rogers v. Clark, the proceeding under which the minor's land was sold, was-had in the Chancery Court, and the sale was sustained, and delared to be a conversion, out and out, into personalty. It is declared, in the opinion in that case, that "a court of chancery cannot, by its original inherent jurisdiction, change the nature of an infant's estate, so as to convert real into 'personal, as we have recently held. But this may be done under the Act of 1827, in the mode and to the extent therein provided: " 5 Sneed, 668. It is not necessary for the purposes of the case before us, to express an opinion as to the doctrine of conversion held in Rogers v. Clark, which is in apparent confiict with the previous case of Taylor v. Kccton, in which Judge Totten, without expressing any opinion, cited several authorities to show that, James S. Thompson v. Jos. W. Mebane. when land is purchased with the infant's personal ' estate, the land is personal estate; and, on the other hand, that land turned into money is real estate: See 10 Hum., 539, 540. But in the case, of Davidson v. Bowden, ...