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SBlountville Insboro TON
Serier V. washinigon
BLOUNT SEVIER Innsvlei ester
creve (hindi, Jaspetti
Constitution adopted 1835–Square Miles 45,600—Population in 1850, 1,023,698
Mechanics' Lien. WHEN any mechanic or undertaker, by special contract with the owner of any lot of ground or tract of land in this state, or his agent, shall construct, build, or repair, either in whole or in part, or furnish materials or any part of materials, in the construction, building, or repairing, of any house, fixtures, or improvements, or shall do any work upon the said house, either by finishing off the same, painting, ornamenting, or otherwise, such mechanic or undertaker shall have and retain a lien upon such building, and the lot of ground thereto attached, in proportion to the amount and value of work done or materials furnished as aforesaid.
A lien hereby created, shall continue one year after the work done, or materials furnished, and until the decision of any suit that may be brought within that time for the debt that may be due said mechanic or undertaker ; also said lien ehall extend to jour. neymen, or all who in part build, or in part furnish materials. Provided notice in wri. ting of said lien shall be first given to the owner or proprietor of said lot, tract of land, house, or improvements, or his agent, at the time said work is begun, or materials fur. nished by said journeymen or other person.
When any debt is contracted by the master, owner, ngent, or consignee, of any steam or keel boat within this state, by and on account of any work done, or materials or ar. ticles furnished for or toward the building, repairing, fitting, furnishing, or equipping, such steam or keel boat, or for wages due to the hands thereof, such debt shall be a lien upon such steam or keel boat, her tackle and furniture; provided that suit be commenced within three months from the time said work is finished, or said materials or articles are furnished, or said wages fall due.
Chattel Mortgages. THESE must be proved and recorded the same as mortgages on land, to make them valid as against bona fide creditors and purchasers.
Law Regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate ; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon an agreement which is not to be performed withiu the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorized.
Limitation of Actions.
Actions of account, and upon the case, except such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants ; actions of debt for arrearages of rent; actions of detinue, replevin, and trespass, quare clausum fregit, must be brought within three years next after the cause of action accrues.
Any contract or lending, without specialty, within six years from the time the cause of action accrues.
Actions of trespass, assault, battery, wounding, and imprisonment, within one year.
Actions of slander, within six months.
The same limitation applies to bonds, bills, and other securities, made transferable by law, after their assignment or endorsement, as is applicable to promissory notes.
There is the usual saving in favor of infants, femme coverts, and persons noncompos mentis, imprisoned, or beyond seas, of the term of limitation, after the removal of their respective disabilities.
Collection of Debts.
ATTACHMENT.-When the sheriff shall return that “the defendant is not to be found in his county," in civil cases, an attachment may issue against the property of a defendant who is a resident of the state.
When a creditor makes affidavit that his debtor so absconds or conceals himself that process can not be served on him, or is removing or about to remove himself or his property without the state, or is absconding or concealing himself or his property, or that he is a non-resident, and states therein the amount of his claim, a writ of attachment may issue against the property of the debtor.
Arrest for debt is abolished.
When the wife joins her husband in a conveyance, she must be privately examined, separate from her husband.
Form of Acknowledgment. State of Tennessee,
of parennessenty,} Personally appeared before me, John Jones, clerk of the county court of Marion, the within-named John Doe with SUSAN his wife, with whom I am personally acquainted, and who acknowledged that he executed the within deed for the purposes therein contained.
Witness my hand at office, this tenth day of February, one thousand eight hun. dred and fifty-one.
And Susan Doe having also personally appeared before me, privately and apart from her husband, the said John Dor, acknowledged the execution of said deed to have been done by her freely, voluntarily, and understandingly, without compulsion or restraint from her said husband, und for the purposes therein expressed.
Witness John Jones, clerk of said court, at office this tenth day of December, one thousand eight hundred and fifty.
Acknowledgments may be made before the clerk of any county court in the state.
If made out of the state, they may be acknowledged before a notary public under his seal of office, or before a judge of a supreme, circuit, or superior court of any state or territory of the United States. The judge must endorse thereon or append thereto a certificate of such acknowledgment, and the official character of such judge must be certified by the governor of such state or territory under the great seal thereof.
Deeds must be recorded in the office of the register of the county where the lands are situate.
Rights of Married Women. WHEN any married woman shall, either before or after marriage, become en. titled to any interest in any lands, tenements, hereditaments, or other real estate whatever, either by gift, devise, descent, or in any other mode, it shall not be lawful, by virtue of any judgment, decree, or execution against the husband of such married woman to sell or dispose of his interest in the real estate of the wife; or by virtue of the judgment, sentence, or decree, of any court in this state to dispossess or eject the husband and wife from the possession of the real estate of the wife acquired in any manner, either before or after marriage.
The exemption of the husband's interest in bis wife's lands, shall not extend beyond his wife's life, nor shall the husband sell the same during his wife's lifetime, without her joining in the conveyance in the manner prescribed by existing laws, in which married women shall convey lands.
When any person shall die intestate, leaving no heirs-at-law capable of inheriting real estate under the laws of the state, but leaving a widow she is entitled in fee simple to all the real estate of which her husband died seized aud possessed, after paying the debts of her husband.
DowER.- A widow is entitled to dower of one third part of the lands, tenements, and hereditaments, of which her busband died seized or possessed.
Rate of Interest. THE legal. rate is six per cent.; and the person exacting more is liable to a fine of not less than the amount usuriously taken.
Wills. Wills must be in writing, signed by the testator, or some other person in his presence and by his express direction, and subscribed in the presence of the tes. tator by two witnesses, no one of whom is interested in the will.
Exemptions. THERE is exempt from levy and sale on execution one work-beast, or yoke of oxen; one plough and gear, one axe, one hoe; two cows and calves ; two beds, bed. ding, and furniture ; one loom and spinning wheels, and cards for the same; all the spun yarn and manufactured cloth and carpeting manufactured by the fam. ily, necessary for the use of the family; one pot, one oven, half-dozen plates, half-dozen cups and saucers, one coffee-pot, one teapot, half dozen knives and forks; one table; the family Bible; one saddle and its appendages, one bridle; sis chairs, not exceeding eight
dollars in value ; poultry of their own rearing, or purchased for family use ; five head of sheep, and wearing-apparel; and to a me. chanic his tools, not exceeding one hundred dollars in value, but the work-beast of any mechanic who claims his tools, shall be liable to execution.
In Paducah, they may enforce their lien wiihin one year by bill filed in the
Chattel Mortgages. Chattel mortgages must be acknowledged and recorded the same as deeds of real estate.
Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage. of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon any agreement which is not to be performed within the space of one year from the making thereof; unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized.