Reports Of Cases Argued And Determined In The Supreme Court Of Tennessee (volume 115)

Paperback | February 6, 2012

byTennessee. Supreme Court

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... Hearst v. Proffit. ing been decided by tbe lower court against the defendant, the presumption of law is that it was decided correctly. It is true that in an equity case pending before the appellate court in Tennessee, the trial is largely ds novo, but it is equally the law that the laboring oar is always upon the party appealing. If the appealing party fails to assign error, and point out specifically wherein the judgment against him is wrong, the decree of the chancellor will always be affirmed." That court cites Denton v. Woods, 86 Tenn., 40, 5 S. W., 489, wherein it is said: "The presumption is in favor of the correctness of the ruling and decisions of lower courts, and, under established practice in this court, unless error is affirmatively shown, an affirmance will be had." We do not think the rule announced in that case applies here, since the appellant has by assignments of error specifically pointed out the errors in the record. The real question presented for our decision is whether an equity decree, in the absence of the original bill, and any proof whatever in support of the decree, can be affirmed upon the admissions in the answer, and the mere recitals in the decree. As already seen, the answer admitted the execution of a deed of trust, and an indebtedness to the complainant, but the amount of that indebtedness was not admitted, nor was the land covered by the deed of trust in any way described or identified in the answer. It is true the record recites that by consent the deed of trust was read from the original books of entry in the Hearst v. Profflt. register's office of Clairborne county, but no copy of the deed of trust was thereafter filed or embodied in the record. We cannot predicate an affirmance of this decree merely upon its recital...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... Hearst v. Proffit. ing been decided by tbe lower court against the defendant, the presumption of law is that it was decided co...

Format:PaperbackDimensions:182 pages, 9.69 × 7.44 × 0.39 inPublished:February 6, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217923860

ISBN - 13:9780217923866

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