78 Tenn. 264 | Tenn. | 1882
delivered the opinion of the court.
The bill in this case was filed by complainant to be relieved of the purchase of a tract of land in Rutherford county, sold for distribution amongst ihe heirs at law of James Crichlen, deceased.
The complainant had paid part of the purchase money and a judgment was taken against him upon the last purchase note. He sought to have the purchase money and its interest returned, and a perpetual injunction against the judgment against him, and a rescission of the sale.
The ground upon which this relief is asked, is that intestate did not have the title to said land, but at
It is admitted in the answer that the title was in Brown’s heirs at the time of the sale, but that defendants were not then aware of it, and it was subsequently divested out of them and a valid deed was offered complainant by G. A. Brown, in whom the legal title was vested.
The objection to the validity of G. A. Brown’s
Brown’s bill, after naming the heirs at law of McClintoc Brown, prays that they be made defendants by proper process, and that a guardian ad litem be appointed for the minors, and that the title to the-land described, be divested out of said heirs and vested in complainant.
An order appears, appointing a guardian ad liiem forth e minor heirs of McNeil Brown, reciting they had been regularly served with process by publication. The guardian filed his answer to the bill for all the minor heirs of McClintoc Brown, deceased.
It also appears, that a judgment pro confesso was formally entered against Washington C, Elizabeth B, and Franklin C. Brown, three of the heirs at law of Mc-Clintoc Brownu
The “cause vas heard, as the decree recites, upon.
It does not appear that any of the parties made defendants were, in fact, minors, except the children of McNeal Brown, who answered by their guardian ad litem.
The record does not show that the heirs of Mrs. Gifford and Mrs. Ashton have been served with process, or made parties by publication. Nor does the decree recite that such action has been taken or that any judgment pro eonfesso was entered against them.
The title, therefore, of two of the-seven heirs at law of. MeClintoc Brown has not been vested in said G. A. Brown, but is still outstanding.
The title tendered, therefore, is imperfect, and such as complainant, Mason, cannot be cnmpelled to accept. It may be some of the Gifford or Ashton heirs are minors, although it is not so alleged in the bill. They seem, indeed, to have been ignored, after the filing of the bill, and no further mention of them occurs in the record of that case.
The chancellor’s decree will be reversed and the sale of the land rescinded and set aside, and the cause will be remanded to take an account of the purchase money paid, for which complainant will have a decree with interest, and for the enhancement of the value at the time of the rescission ■ of the sale of the land, by reason of permanent improvements put thereon by complain
The costs of this court will be paid by the defendants, and the costs below as may be hereafter •adjudged by the chancellor.