Case 41 Tenn. 290, 1860 WL (Tenn.) Tally’s Ex’rs v. Smith Year: 1860, September Court: Supreme Court of Tennessee Parties Appellant: HENRY SMITH Respondent: The executors of DUDLEY TALLY, deceased Facts On October 1854, Dudley Tally entered into a Bill of Sale (a contract of sale), selling his property of seven slaves to Henry Smith. Tally was, at the time of sale, deteriorating in physical and mental capacity due to chronic illness and old age. Tally died in December 1854, just two months after the Bill was signed. Prior to that, Tally was harassed by Smith at his residence, and was assaulted nine times. Smith also knowingly lied to Tally about the state of Tally’s suretyship with his creditor T. M. Jones to cause panic and urge him to …show more content…
This Bill was attested by Carden and Dr Conway, whom testified that they were made to sign the papers without knowing its contents. Procedural History This Case was first heard at a Lower Tennessee Court where Judge (Chancellor Seth J. W. Luckey) dismissed the Bill of Sale. Issues 1. Whether Tally’s normal mental health was grounds to reverse the lower court’s decision to nullify the Bill of Sale. 2. Whether the lower court’s decision to nullify the Bill of Sale could be reversed, under the principle of in pari delicto potior est condition defendentis et possidentis. Holding 1. The court affirmed the lower court’s ruling to nullify the Bill of Sale on the grounds of undue influence and misrepresentation, not on Tally’s mental state. 2. The principle of in pari delicto was not applicable in this case. Reasoning 1. Tally was already weak in mind due to age and illness and was unable to physically ward off Smith or mentally resist intimidation. Smith frequented Tally to place undue influence on Tally to make the sale. What more, he was subject to Smith’s falsehoods which incited unnecessary panic and fear. To that respect, Smith was guilty of Intentional Misrepresentation. 1 Story’s Eq., §§192, 193; Johnson V. Chadwell, 8 Humph. 145: Davis v. McNalley, 5 Sneed,