Massengill v. Massengill

On Petition to Rehear

HOWARD, J.

Petitioner has filed a petition to rehear in which it is alleged “that it is necessary for the Trustees to secure an appellate construction of the Trust Instrument here involved in order to properly administer the Trust placed in their care for the benefit of all the beneficiaries of said Trust.”

Apparently the petitioner has overlooked the fact that the Chancery Court of Sullivan County, a court of record in this State, assumed jurisdiction of the cause and, as admitted by petitioner, decided the issues involved therein satisfactorily to her, and a decree of that court is as final and as binding on the parties and issues involved as would be a decision of this court.

Only a party dissatisfied with the judgment or decree of the Circuit or Chancery Court may appeal to the Supreme or Appeals Court and have a re-examination, in that court, of the whole matter of law and fact appearing in the record. Code Section 9036. See Knott v. Stewart County, 185 Tenn. 623, 207 S. W. (2d) 337, for a restatement of the rule in State v. Waggoner, 88 Tenn. 290, 12 S. W. 721, cited in our original opinion.

Petition denied.

McAmis and Hale, JJ., concur.