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Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Volume 1; V. 60)

Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Volume 1; V. 60)

Paperback

General World History

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ISBN10: 1151063061
ISBN13: 9781151063069
Publisher: General Books
Pages: 134
Weight: 0.99
Height: 0.68 Width: 9.01 Depth: 5.98
Language: English
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. 1878. Excerpt: ... Starkey et al. v. Hammer et al. Athaia and Abagail Starkey, by next friend, v. A. R. Hammer and Richard Belcher, and Belcher V. A. R. Hammer, Cassandra Starkey et al. 1. Practice. Decrees and judgments may be attacked collaterally. When. If a decree for the sale of land be void for failure to show upon its face, the Couit was warranted in rendering the same, or the pleadings are insufficient to give proper jurisdiction, the sale may be invalidated by a collateral proceeding. 2. Same. Same. Evidence. But the evidence which guided the Court rendering the decree can not be looked to for this purpose. Cases cited: 1 Head, 555; 10 Hum., 208; 6 Hum., 444; 5 Hum., 313. 315; 4 Sneed, 371. 3. Same. Same. Decree void. When. Where a sale of land for the payment of debts is procured by an administrator, and the decree fails to show the estate's liabilities, to whom due, or the amount of assets belonging to the estate, it is void upon its face. 4. Sale Of Land. Belonging to persons under disability. Witness purchaser at. Where the sale of land is decreed under the statute, because it is manifestly to the interest of the persons under disability, the same will be void if a purchaser of the property be guardian, next friend, or witness. Code cited: 3,339, 3,333, 3,336, 3,338. 5. Same. Same. When void. Cloud upon title. Jtemedy. While the person under disability may bring ejectment for the land, they are not confined to this remedy, but the Chancery Court has original jurisdiction to remove the cloud from a void title. 6. Same. Same. Hents and profits. Who are entitled to. Upon recovery in such case by the persons under disability, they will be entitled to an account for rents and profits in their favor. 7. Arguendo. Same. Permanent improvements. Taxes. The ...

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