McGhee v. McGhee

• Decision Date: 31 December 1854
• Citation: 34 Tenn. 221
• Parties: NANCY McGHEE et al. v. GEORGE McGHEE et al.
• Court: Tennessee Supreme Court

34 Tenn. 221

NANCY McGHEE et al.

v.GEORGE McGHEE et al.

Supreme Court of Tennessee.

December Term, 1854.

FROM OVERTON.

The complainant, Nancy McGhee, filed in the circuit court of Overton county, in October, 1852, her bill for divorce and alimony against the defendant, George McGhee, her husband, who, as alleged, had abandoned and otherwise maltreated her and fled the country. His property was attached in obedience to the prayer of the bill, to abide the result of the suit. One of the complainants, Smith, surety on a guardian bond, and others, creditors of the said George McGhee, thereupon filed their cross-bills, praying the payment of their debts, contracted by the said George McGhee prior to the filing of said bill of divorce, out of the property of the said George McGhee. The property, most of which the defendant derived from his wife, consisted of a small tract of land and some personalty, barely enough to support the complainant and her children, of which the defendant had taken off with him about $250 worth of chattels and $500 in money. The debts, part of which were in judgments prior to the filing of the original bill, amounted to between $300 and $500. The complainant, Smith, as surety of the defendant upon his guardian bond, paid his liability under the same, pending the litigation, and recovered a judgment at law therefor. The cause came on to be heard before Goodall, judge, at the February term, 1853, of the circuit court of Overton, who rendered a decree of divorce, but transferred the cause to the chancery court at Livingston, for the adjudication of the other questions involved. His honor T. Nixon Van Dyke, chancellor, at the September term, 1854, of said court, decreed in favor of the rights of the wife to the whole property, subject to the payment of the debts aforesaid. He also gave a decree in favor of the wife over against the husband for the amount of the debts aforesaid. The complainant, Nancy McGhee, appealed.

M. M. Brien, for the appellant; Gardenhire and McHenry, for the creditors.

McKinney, J., delivered the opinion of the court.

Smith, the complainant in one of the above cases--prior to the filing of the bill for divorce by Nancy McGhee v. George McGhee--had become bound, as the surety of George McGhee, the defendant, as guardian of certain minors. Smith's liability as surety at the time of Mrs. McGhee's application for divorce, exceeded $200. All the property of defendant McGhee having been attached at...