Tennessee Supreme Court, 1847

Carden v. Spilman

Tennessee Supreme Court · Decided September 15, 1847 · Green

1 Thompson 25

Cases that cite this one

126 later published cases cite this decision. The 25 that cite it most often are listed here.

Butler v. Ellerbe (S.C. 1895)
State v. Ramos (Wash. Ct. App. 2004)
State v. Winnon (La. Ct. App. 1996)
State v. Clayborn (La. Ct. App. 1996)
State v. Adams (La. Ct. App. 1996)
State v. Evans (La. Ct. App. 1995)
United States v. Dennis T. McDonald (D.C. Cir. 1973)
Central Realty Corp. v. Allison (S.C. 1951)
Columbia W. P. Co. v. Columbia Electric &c. Co. (S.C. 1895)
People ex rel. Decker v. Waters (New York Supreme Court 1893)
Scott v. Homewood Suites (Superior Court of Delaware 2021)
(PC) Harris v. Munoz (United States District Court for the Eastern District of California 2021)
Oliver v. Madsen (United States District Court for the Northern District of California 2021)
Green v. Macy's and UIAB (Del. 2018)
Bank of Am., N.A. v. Thompson (Ohio Ct. App. 2014)
State v. Lister (La. Ct. App. 2011)
State v. Mudd (La. Ct. App. 2011)
State v. Shoupe (La. Ct. App. 2011)
Coleman v. Ritchie (Minn. 2009)
State v. Henderson (La. Ct. App. 2004)
State v. Scott (La. Ct. App. 2003)
State v. Feaster (La. Ct. App. 2003)
State v. Hunter (La. Ct. App. 2002)
State v. Norwood (La. Ct. App. 2001)
State v. Gatlin (La. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GREEN, J. :

The decree is unusual but less advantageous to the complainant than it should be. If he had chosen, the land ought to have been decreed to him. The refusal to treat does away with the necessity of a tender, and also of the offer required by the statute to credit the execution of complainant with the amount of ten per cent, on the amount bid at the sale. (1)

At any rate the purchaser cannot insist upon this, as it is purely for the benefit of the execution debtor. *26The debtor cannot release his equity of redemption so as to defeat other judgment creditors 'of. their right to redeem. Decree affirmed with the condition that the land when sold shall pay upon Carden’s debt ten per cent, of the amount bid at the original sale. (1)

Decree affirmed.

Effect of tender and refusal, and remedy. Hawkins v. Jamison, Mar. & Yerg. 83; Bumpas v. Gregory, 8 Yerg. 46.

Judgment creditor may redeem, when and how, Code 2128, 2129, (taken from Act of 1820, ch. 2, sec. 3.) Elliott v. Paton, 4 Yerg. 10; Hawkins v. Jamison, Mar. & Yerg. 90; Woods v. McGavock, 10 Yerg. 133; Chester v. Greer, 5 Humph. 26; Wood v. Morgan, 4 Humph. 374; Carter v. Foster, Infra; Hill v. Walker, 6 Cold. 424.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.