Kenyon v. Russell

1 Citing case

  1. Tritschler v. Cartwright

    333 S.W.2d 6 (Tenn. Ct. App. 1960)   Cited 7 times

    And this dictum was expressly disapproved by the court in Malone v. Dean, supra, 77 Tenn. 341, 342, and is contrary to the later cases of Tinsley v. Bryan, supra and Covert v. Nashville, C. St. L. Ry., supra. This dictum, however, was still quoted with approval in Kenyon v. Russell, 5 Tenn. App. 401, 403, relied on by petitioner. That case, however, was a suit for damages, alleged to be in "excess of two thousand dollars," for breach of warranty of title to 5/8 undivided interest in 200 acres of land. It was, therefore, not within the court's original jurisdiction, but its auxiliary jurisdiction (Acts 1877, Ch. 97; Acts 1915, Ch. 47 (T.C.A. sec. 16-602)); and the quotation referred to was wholly beside the mark.