Murphy v. Johnson

• Decision Date: 11 October 1901
• Citation: 64 S.W. 894
• Parties: MURPHY et al. v. JOHNSON et al.
• Court: Tennessee Supreme Court

64 S.W. 894

MURPHY et al. v. JOHNSON et al.

Supreme Court of Tennessee.

October 11, 1901.

Appeal from chancery court, Jefferson county; Jno. P. Smith, Chancellor.

Bill by J. D. Murphy, administrator of the estate of W. C. Newman, deceased, and others, against C. H. Johnson and others. From a decree of the court of chancery appeals affirming a decree for defendants, plaintiffs appeal. Reversed in part.

C. A. Frame, E. Holtsinger, and Pickle & Turner, for appellants. Park & Park, for appellees.

CALDWELL, J.

This bill denominates itself a "bill of review," for error apparent as to one item, and for newly-discovered evidence as to another item, of the decree challenged and enjoined. It alleges: That C. H. Johnson and his present codefendants, as next of kin of W. C. Newman, deceased, heretofore filed their bill in the chancery court of Jefferson county against J. D. Murphy, as administrator of said Newman, and his present cocomplainants as sureties on his administration bond, for an account and final settlement of Newman's estate. That the complainants in that bill, after stating certain preliminary facts, continued: "They aver further that said Newman owned little or no real estate at the time of his death, but that he owned a large personal estate. This was made up of household and other property amounting to some $400 or $500, as complainants have been informed, when sold by said administrator; but chiefly the assets consisted of the proceeds of a certain land sale made by said Newman lately before his death. On September 7, 1889, said Newman had sold two tracts of mountain land, in all about 10,000 acres, to H. B. Wetzell and G. A. Rumsey, for the consideration of $6,000. Of this amount $1,250 was paid in cash, and the purchasers executed to said Newman four notes, of $1,000 each, due in six, twelve, eighteen, and twenty-four months, and one other note for $750, due in thirty months from date, and an express lien was retained in the deed to secure these notes, which deed is registered in Book S, page 430, in Sevier county, Tennessee. Complainants aver that most, if not all, of these notes went into the hands of the administrator." That defendants to that bill, besides admitting those preliminary facts, in their answer said: "It is true that W. C. Newman owned no real estate at the time of his death, but it is not true he owned a large personal estate, consisting of household goods, etc., amounting to about $500, as respondents now remember, but exact amount will be shown in the proof. It is not true that the assets consisted chiefly of the proceeds of a certain land sale made by the said Newman before his death. It is true that said W. C. Newman did on September 7, 1889, assume to sell to H. B. Wetzell and G. A. Rumsey the lands mentioned in the bill, on the terms stated, that is, at the price of $6,000; $1,250 in cash, and balance in four $1,000 notes, due in six, twelve, eighteen, and twenty-four months, and one for $750, due at thirty months," but, title to the land having failed, J. D. Murphy, administrator, on advice of counsel, and to...