Johnson v. Kimbro
| Decision Date | 31 December 1859 |
| Citation | 40 Tenn. 557 |
| Parties | MARTHA JOHNSON v. JEAN KIMBRO et al. |
| Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
FROM HICKMAN.
Verdict and judgment for the plaintiff, Walker, J., presiding.
Gaut, for the plaintiff; D. Campbell, for the defendants.
This was an action of ejectment, brought by the plaintiff, Martha Johnson, to recover a tract of land of 640 acres, situate in Hickman county.
To establish her title, the plaintiff offered in evidence the transcript of a record of the Superior Court of Law of Hillsborough District, North Carolina, purporting to be a proceeding for the partition of the real estate of Thomas Pearson, deceased, the uncle of the plaintiff.
It appears from the proof, that said Thomas Pearson died intestate, and without issue, in North Carolina, in the year 1800. He was the owner, at the time of his death, of a large real estate, situate partly in Tennessee, but chiefly in North Carolina. In 1802, his heirs at law, including the plaintiff and her husband, William Johnson, who was then living, filed their petition in the court before mentioned, for the division amongst them of the lands lying in North Carolina, no mention being made in the petition of the lands in Tennessee. Commissioners were appointed, according to the prayer of the petition, who proceeded to make partition as well of the lands in Tennessee, as of the lands in North Carolina; and to the plaintiff and her husband jointly, was allotted, among other lands, the tract of 640 acres lying in Tennessee, in controversy in the present action.
The report of the division was returned by the commissioners; and the transcript of the record shows that, at the April term, 1805, “On motion, it was ordered by the court, that the said report be confirmed, and that the same be recorded.” There is no decree, vesting the title in the heirs, in severalty, to the lands allotted to them respectively.
It further appears that the coverture of the plaintiff continued till 1852, when William Johnson, her husband, died, and this action was commenced in less than three years from the time of his death.
His honor, the Circuit Judge, instructed the jury, that the proceedings of the Court of North Carolina, partitioning the lands amongst the heirs of the intestate, was inoperative to vest the plaintiff with a title in severalty to the entire tract of land in Tennessee, sued for in this action; but that she was entitled to recover her...
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Tennessee Valley Authority v. Mason Coal, Inc.
...an interest in land located in another state or even another country. 71 Am.Jur.2d Specific Performance § 185 (1973); Johnson v. Kimbro, 40 Tenn. 557, 3 Head 557 (1859). The Court finds that a valid contract exists between Mason Coal, Inc. and TVA; that this contract is neither inequitable ......
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Condon v. Leipsiger
... ... Hawes on jurisdiction, sec. 69; ... Wells on jurisdiction, sec. 116 and following; 2 Story on Eq ... Juris., sec. 743 and following; Johnson v. Kimbo, 40 ... Tenn. 557; 3 Blackstone, star page 294 and note; ... Bouvier's Dict. Real Act., Transitory Act.; Coon v ... Cook, 6 Ind. 270; ... ...
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