Chancellor Telford E. Forgety, Jr.
Telford E. Forgety, Jr., is the presiding Chancellor of Chancery Court in the Fourth Judicial District, and serves Jefferson, Sevier, Cocke, Grainger and Blount Counties. He was appointed to the Bench in l997 to fill the term of the late Chester S. Rainwater, Jr., who retired after serving as Chancellor from 1978 until his retirement in l997. Chancellor Forgety was elected to the Bench for a 6-year term in the year 2000. Nancy C. Humbard is the Clerk & Master of Jefferson County Chancery Court, having been appointed to that position January 1, 1994. She is currently in her second term as Clerk and Master.
The system and procedure of Chancery Court constituted a part of the law our ancestors brought with them from England. When North Carolina became a state, this Chancery system was recognized and incorporated into the Constitution. Later, when Tennessee, which was then a part of North Carolina, became a State, Congress made North Carolina laws our laws. Through the years, the State of Tennessee has fully recognized Chancery Court and its administration fully provided for, although some simplification and modernization has been accomplished.
Chancery means “equity” and equity defined is “that which is naturally right” and denotes the characteristic of fairness. Hence, matters decided by the Chancellor are decided on not only the law, if a law exists, but also on maxims of right and remedy.
Chancery Court has jurisdiction of :
Actions involving fraud, specific performance contracts, reformation, recission or surrender of written instruments; dissolution of partnerships; actions for controlling or overseeing the assets of persons under disability; actions for the redemption of land, construction and enforcement of wills or trusts.
In addition, Chancery Court, being also a Court of law, alongside the Circuit Court, has jurisdiction of civil actions such as divorce matters, but generally not cases involving claims for damages due to personal injury. While a jury can be demanded for Chancery matters, jury trials are almost exclusively Circuit Court cases.
The system and procedure of Chancery Court constituted a part of the law our ancestors brought with them from England. When North Carolina became a state, this Chancery system was recognized and incorporated into the Constitution. Later, when Tennessee, which was then a part of North Carolina, became a State, Congress made North Carolina laws our laws. Through the years, the State of Tennessee has fully recognized Chancery Court and its administration fully provided for, although some simplification and modernization has been accomplished.
Chancery means “equity” and equity defined is “that which is naturally right” and denotes the characteristic of fairness. Hence, matters decided by the Chancellor are decided on not only the law, if a law exists, but also on maxims of right and remedy.
Chancery Court has jurisdiction of :
Actions involving fraud, specific performance contracts, reformation, recission or surrender of written instruments; dissolution of partnerships; actions for controlling or overseeing the assets of persons under disability; actions for the redemption of land, construction and enforcement of wills or trusts.
In addition, Chancery Court, being also a Court of law, alongside the Circuit Court, has jurisdiction of civil actions such as divorce matters, but generally not cases involving claims for damages due to personal injury. While a jury can be demanded for Chancery matters, jury trials are almost exclusively Circuit Court cases.