Law Commons^™

Conflict Of Laws -- 1955 Tennessee Survey, John W. Wade

Vanderbilt Law Review

When a cause of action is transitory in nature the plaintiff may sue on it in any state where he can obtain personal jurisdiction over the defendant. And when personal jurisdiction is not available, he can often, by process of garnishment or attachment, obtain jurisdiction quasi in rem and proceed with the trial of the issue. The judgment so obtained is not binding on the defendant in personam but it may bind the defendant's property or the debt to him from a third party. In Hobbs v. Lewis a plaintiff sought to make use of garnishment for this purpose. He …

Real Property -- 1955 Tennessee Survey, Wade H. Sides Jr.

Vanderbilt Law Review

Construction of Deed: Limitation to "My own living children": The deed presented for construction in Tipton v. Wynn, after conveying alife estate to the grantor's daughter, contained the following language:

"and after her death to the heirs of her body. In case she has no bodily heirs, then to my own living children."

When he executed the deed, the grantor had six living children, including the life tenant-grantee. Only one of the grantor's children, however, survived the life tenant, who died without bodily heirs. The complainants, certain heirs of those children of the grantor who had predeceased the life tenant, …

Business Associations -- 1955 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Nature and Formation of Partnerships: The question whether a contract sued on was a partnership arrangement so as to be cognizable only in equity was considered by the Tennessee Court of Appeals in Powel v. Bundy.' There Bundy, a real estate broker, sued Powell on the lawside to recover $500, alleged to be plaintiff's one-half share of a commission earned by their joint efforts in selling a tract of real estate, but which commission had been collected and wrongfully retained by defendant. Among other defenses interposed was defendant's contention that the contract sued on was that of a partnership arrangement …

Contracts (Herein Of Agency) -- 1955 Tennessee Survey, Merton L. Ferson

Vanderbilt Law Review

Offer and Acceptance: Listing Property for Sale With Broker: In Jenkins v. Vaughan' the facts were these: Vaughan had a drug store for sale. He gave Jenkins, a broker, an exclusive listing for 90 days and promised to pay Jenkins a commission if the property were sold within that time "either through you or any other reason." This listing was made October 10, 1951. On December 10, 1951, Vaughan directed an employee of Jenkins to cancel the listing. And on December 28 Vaughan sold the store to a purchaser procured by another broker. Jenkins had not spent any appreciable time …

Personal Property And Sales -- 1955 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

The cases of Edwards v. Central Motor Co.' and Hunter v. Moore offer interesting variations upon the same basic problem. In the Edwards case plaintiff automobile dealer sold a car to X in what was intended to be a cash transaction. X paid for the car with a worthless check and received possession of the car together with a carbon copy of a bill of sale executed by plaintiff. X then took the automobile to another dealer and sold it to him, giving the purchaser a bill of sale executed by X. Defendant was present at this transaction; at no …

Wills, Trusts And Estates (Herein Of Future Interests) -- 1955 Tennessee Survey, W. J. Bowe

Vanderbilt Law Review

Execution of Wills:

Under the Tennessee Code a will valid at the place of execution is valid under the laws of Tennessee. A testator domiciled in Tennessee executed a will in Mississippi in the presence of two witnesses, but thinking that the will should be acknowledged by a notary public rather than subscribed by the witnesses, he had the acknowledgment taken by a Mississippi notary public. As the Mississippi statute is peculiar in that it merely requires "that the Will shall be attested by two or more credible witnesses" rather than the usual "shall be both attested and subscribed" the …