Cumberland Trust Co. v. Bart

• Decision Date: 14 November 1931
• Citation: Cumberland Trust Co. v. Bart, 43 S.W.2d 379, 163 Tenn. 272 (Tenn. 1931)
• Parties: CUMBERLAND TRUST CO. v. BART et al.
• Court: Tennessee Supreme Court

43 S.W.2d 379

CUMBERLAND TRUST CO. v. BART et al.

Supreme Court of Tennessee.

November 14, 1931.

Appeal from Chancery Court, Knox County; Robert M. Jones, Chancellor.

Suit by the Cumberland Trust Company against Morris Bart and others. From an adverse decree, complainant appeals.

Case transferred to docket of the Court of Appeals.

Green, Webb & Bass and W. A. DeGroat, all of Knoxville, for complainant.

H. T. Kern, I. B. Finkelstein, and J. Pike Powers, all of Knoxville, for defendants.

CHAMBLISS, J.

The bill was brought to subject certain rents on valuable property in Knoxville, following foreclosure proceedings, and the bankruptcy of Bart, the former owner. The chancellor decreed for the defendant, and complainant has appealed.

This court is without jurisdiction to entertain this appeal in view of the limitations imposed by section 10, c. 100, of the Public Acts of 1925, conferring jurisdiction on the Court of Appeals, except in cases "which have been finally determined in the lower court on demurrer or other method not involving a review or determination of the facts, or in which all of the facts have been stipulated."

It is obvious that the trial of this case involved a review of the facts, and, if it is within the exception at all, it must be, because it comes within the provision we have italicized. Learned counsel bring the cause here on this theory, but, while the record contains a stipulation that "this case shall be tried, heard and determined on the following agreed statement of facts," this paper calls for consideration, in its different paragraphs, of the deposition of Morris Bart, previously taken in this cause, the deposition of H. L. Dulin taken in another cause, all the "petitions, reports, and orders in this cause," etc. The record also contains certain "exhibits" introduced with a stipulation that they are introduced and to be considered by agreement, etc.

Counsel call attention to this recital in the decree of the chancellor allowing the appeal to this Court, "there being no controversy whatever as to the facts of the case," which follows, however, a recital in the opening part of the decree in these words:

"This cause came on to be heard before the Hon. Robert M. Jones, Chancellor, this day upon the original bill of the complainants, the answer of the defendants, the deposition of Morris Bart, the agreed statement of facts, including the deeds of trust and promissory notes taken and filed in the case of Harriet W. Ransom, Executrix, etc. v. Knoxville Investment Corporation, No. 23365, on the Rule Docket of the Chancery Court of Knox County, Tennessee, and the pleadings and process and decrees in said case, showing that Morris Bart and wife were parties defendant therein, and the answer of the Cumberland Trust Company...