61 Tenn. 275 | Tenn. | 1872
delivered the opinion of the Court.
In 1855 S. H. Kimes purchased a tract of land of 270 acres at Chancery salé, which was reported to the Court and confirmed, but there was no divestiture or vestiture of title in him. He has paid all the purchase money except between $300 and • $400. About the saíne time S. H. Kimes purchased six acres adjoining the 270 acres, and paid the purchase money, except $75, but got no legal title.
The bill in this case was filed to subject S. H. Kimes’ equitable interest in these' two tracts, to the satisfaction of a judgment obtained by T. W. Buchanan against S. H. Kimes for about $2,100, which judgment was properly registered, after the issuance of execution and return of “nulla bona.” The claim of complainant to satisfaction of his judgment is insisted on several grounds.
1. It is insisted that in 1861 S. H. Kimes made a contract of partnership with Thomas B. Kimes, in which he agreed to convey to said Thomas B. Kimes one-half of said 270 acres, whenever he obtained the legal title from, the Chancery Court. Without considering the question whether the contract is so. proven, as to make it evidence in the case, it is enough for the present, that the contract was never registered, and therefore, can not stand in the way of complainant’s judgment and the lien created by its registration. Code, §§ 2030, 2075.
2. It is next insisted that complainant is estopped by the fact that he was a party defendant to a bill
3. It is further insisted that S. H. Kimes, on the 6th of February, 1866, conveyed one-half of the 270 acres to ’Squire Pickle, in trust to secure specified debts; and that in this conveyance it is recited that he had previously sold the other ' half of the 270 acres,' to T. B. Kimes. This conveyance was registered in February, 1866. The recital in describ
The Chancellor held that the deed of trust was void for want of sufficient stamps, and he gave complainant a decree for the satisfaction of his judgment against both entire tracts of land, after the payment of the balance of the purchase money.
The decree -will be so modified as to subject the one-half of the 270 acres claimed by T. B. Kimes, and the six acres to the satisfaction of complainant’s judgment; and as to the other half, he will be entitled to any surplus after the' trust deed shall be foreclosed, ■ and the valid subsisting debts satisfied. And the cause is remanded for further proceedings. The costs of this' Court will be paid equally by the appellants and appellee, and the costs below as ordered by the Chancellor.