Young v. Shumate
Young v. Shumate
Opinion of the Court
delivered the opinion of the Court.
This was a petition filed in the County Court of Davidson. The petitioner seeks to be discharged from his purchase of a slave, made under a decree of said Court, and to have the obligation given by him for purchase money, surrendered up and cancelled. The ground alleged in the petition for this relief, is the fraudulent concealment of the unsoundness of the slave at the time of the sale, and consequent failure of consideration. The petition shows that the sale was made by the Clerk of the Court on the 28th of December, 1853—that the petitioner, at the time of the sale, executed his note, under seal, with security, for
The note not being paid at maturity, a motion for judgment was regularly entered at the February Session, 1855, of said Court, and thereupon the present petition was presented and filed. Much proof was taken upon the issue made by the petition, and on. hearing, the Court dismissed the petition on the ground of failure of proof. An appeal was prosecuted to the Circuit Court, and there the judgment of the County Court was affirmed. The case is brought here by an appeal in error.
It is argued here, in addition to the ground stated in the petition, that, in consequence of irregularities in the proceedings, the sale of the slave under the decree of the County Court, was void, and communicated no title to the purchaser.
We have not thought it proper to consider the case upon either of the grounds assumed in argument; because, if the positions were admitted to be sustained by the record, we feel very dlear, that, upon a different ground the petition must be dismissed; and that is, the entire want of jurisdiction in the County Court to grant any relief in the case stated in the petition.
The jurisdiction of the County Court, though of an equitable nature, is very limited in its extent. It is merely what the statute has expressly conferred, and nothing more. It extends simply to the making and
In this view of the case, the judgment is affirmed, but without prejudice.
Reference
- Full Case Name
- Alpha Young v. Julius Shumate, Ex'r
- Status
- Published