79 Tenn. 253 | Tenn. | 1883
delivered the opinion of the court.
This bill' is filed, October, 1879, to enjoin the execution of a writ of possession in an action of forcible entry and detainer, in which defendant had recovered possession of part of about one acre of land from complainant, and seeks also to have complainant's title declared to the whole of the one acre, or thereabouts, in dispute between the parties.
We have carefully examined the record, and without discussion at large, give our conclusions.
Before doing so, however, it is proper to dispose of a question of law presented by a plea in abatement filed by defendant. This plea raises the question, whether the chancery court has jurisdiction of the subject-matter, by averring that the matter in controversy is not of the value of fifty dollars.
It is now, after some fluctuation, the settled rule' of this court that the court of chancery has not jurisdiction in ordinary cases where the matter is less than fifty dollars, sections 4280 and 4281 being distinct and clear on this question. See Malone v. Dean, 9 Lea, 336. But by the act of 1877, ch. 97, p. 119,. to increase the jurisdiction of the chancery court, it is enacted, that jurisdiction of all civil causes of action now triable in the circuit court, except for injuries to person, property or character, involving unliquidated damages, are hereby conferred upon the chancery court, which shall have and exercise concurrent jurisdiction thereof along with the circuit court." By Code, sec. 4230, the circuit courts have
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Upon the facts, the chancellor’s decree is reversed,, and the bill dismissed.