3 Gill 166 | Md. | 1845
delivered the opinion of this court.
The claim sought to be recovered by the appellants, by the institution of the proceedings before us, has been resisted on various grounds; but the defences mainly relied on in this court, are the three following:
1st. The statute of limitations.
2dly. The staleness of the' claim, from the length of time that the appellants have slept upon their rights; and
3dly. The absence of the necessary proofs to establish the same.
To determine on the sufficiency of the plea of limitations, as a bar to such a claim, it is necessary first, to ascertain the nature
This is not a case, strictly speaking, of either express or implied trust, where one of the parties stands in the character of a trustee, and tb e other bears to him the relation of cestui que trust; but where one and the same person, was both cestui que trust and trustee. The right of the appellants to the relief they have sought, rests on a mere equitable implication of a lien, not recognised at law, and of which a court of law could in no way take cognizance: to such a court,, in no form of action, could the appellants successfully apply for any adequate relief. Doctor Allender, as far as concerns the claim now asserted by his representatives, was both trustee and cestui que trust; and as the surviving joint tenant of the grantees of William Goodwin, held the property in question, until being reimbursed, all expenditures made by him in the building of the church, he should convoy the same to the persons duly authorised to receive the deed of conveyance, as provided for in the deed from William Goodwin. That such persons were ever appointed, has not been pretended,- and their non-appointment,, although twenty-live years and more had elapsed since the completion of the church, can only be satisfactorily accounted for by imputing to the vestry a knowledge of the fact, that a conveyance could not lawfully have been called for, by reason of die only ground that could be assigned for its refusal or postponement, to wit, unrepaid advances for the building of the church. It has not been relied on as a defence in this cause, (nor if it had, could it,, upon the proofs and proceedings before us, have been successfully maintained,) that the appellees have had the adverse a.nd uninterrupted possession for more than twenty years, of the lots of ground and premises, the sale of which was sought by the bill of complaint of the appellants. To give to the appellees the benefit of the plea of limitations, the claim must be such, that if exempted from that plea, it could be recovered by an action in a court, of law. To cite authorities for this, (even if before if, could be deemed requisite,) since the case of Kane vs. Bloodgood, 7 Johns. C. R., 90, cannot be necessary. Here, the appellants claim is a debt due by nobody. Neither
The second defence on which the appellees have relied is, that the staleness of the appellants claim, by reason of the great length of time during which they have forborne to prosecute it, has caused a court of equity to shut its doors against them, by refusing to take further cognizance of the subject matter of their complaints. Without stopping to enquire, whether the peculiar nature and circumstances of this case do not sufficiently account for the delay in its prosecution? whether that delay was not, in some measure, the result of equal negligence and delay on the part of the appellees? and whether that negligence and delay is not to be accounted for solely on a ground, which at once opens the doors of a court of equity to the appeals to it, by the appellants, for relief?—we proceed to state the reasons why this defence cannot avail the appellees. By the assent of the appellees to the decree, which has been passed in this cause, they have, by necessary implication, waived the defence of which they now seek to take advantage; they have assented to. the county court taking cognizance of the case, and enquiring into the intrinsic merits and justice of the claim of the appellants; they have acknowledged that there is a sum of money due to the appellants, for the payment of which, the county court were authorised, and ought to decree a sale of the property in question. Upon no other grounds could they have given their assent to the passage of the decree, which was given by the county court. By the twenty-ninth section of an act, entitled, “an act for the establishment of vestries for each parish in this State,” passed at November ses
The third ground upon which the claim of the appellants is resisted, is, that the proofs in the cause do not shew any thing to be due to them on account of expenditures made by Doctor Allender, in the building of Trinity chxrrch. And in support of this position they allege, that every presumption ought to be raised against their claim, because they did not exhibit, and have withheld the books of accoxxnt of Doctor Allender, kept in relation to his receipts and expenditures for the church, although notified to produce them, it is trxxe, that near the end of the record the following paper has been inserted, viz:
“ Price and others vs. Allender and others. Baltimore county court, equity side. James Biays, Walter T. Allender, adm’rs of Dr. Joseph Allender. Notice is hereby given you to prodxxce
But this notice is not entitled as of the case then before the court, nor does it appear when it was filed; or that the court ever acted or passed any order upon it; or, indeed, that the appellants ever had any notice of its existence. It raises, then, no inference against the validity or justice of the appellants claim, that they had not produced in court, books which they had no motive primarily to adduce, not being admissible evidence of their claim; which books, by no direct proof, are shewn ever to have been in their possession; and which, by no order of the court, or even notice served upon them from the opposite party, were they required to produce.
It has also been urged, that the county court were right in rejecting the appellants claim, because it was not authenticated in the mode prescribed by our testamentary system, for claims exhibited against the estates of deceased persons. This objection detracts nothing from the appellants right to recover. The appellees, by their answer, called upon the appellants for full proof of their claim; and this requisition per se, would have dispensed with the ordinary, pecuniary proofs of their claim, prescribed by our testamentary system, had it been made against the estate of a deceased person. What object could a claimant have in exhibiting primary proofs of Iris claim, when drey would be wholly inadmissible evidence to sustain it, where full proof is required? Primary proofs stand in the place of full proof, until full proof is demanded. From that moment they cease to be any evidence in the case, and there no longer exists any necessity for their production.
We come, now, to the last defence of the appellees, the only open question in the cause, have the appellants offered sufficient evidence to substantiate a claim equal in amount to the fund to be distributed. The appellees have insisted, tiiat conceding the proof in the cause, to shew that the appellants had expended the sum of money stated in their bill, over and above the
But, say the appellees, the account X is no evidence in this case, (which is undoubtedly true,) and the vouchers produced by the appellants for the alleged payments by Doctor Allender, with the testimony taken in relation to them, are wholly insufficient for the purpose for which they are offered. And they further contend, that by reason of the great length of time which has elapsed since these transactions took place, that more full and minute testimony is required in relation to those vouchers, than if the present enquiry, in relation to them, had taken place immediately after they were given. That independently of the vouchers, it is not only necessary to prove the payment of the sums of money mentioned in those vouchers, but to prove that the materials furnished, and for which payment was made, were of good quality, were necessarily used in the building of the church, and were appropriate for the purpose for which they were used. That the services were actually and necessarily rendered, and were of the value of the payments made for them. That the work, with its value, done by each mechanic, and the necessity for such work, must be shewn, before there can be any allowance for the payments made to them. And that the handwriting of each subscriber
Looking at the present case, as it is presented by the record, we do not see any material difference in respect to the proofs necessary to sustain their claim, if the appellants, instead of being complainants, as they now are, had been brought into court as defendants, to a bill filed against them by the appellees, calling for a deed of conveyance upon the terms specified in the deed from William Goodioin, and in bar of the relief prayed, they had set up the existence of the claim they are now seeking to recover. In support of such a defence, after such a lapse of time, could it be contended, that to sustain the vouchers then exhibited in that suit, as they are now in this, the fullness and particularity of proof suggested by the appellees would have been required by the court?
It must be borne in mind, that there is nothing to be found in the record, which taints with suspicion the vouchers adduced by the appellants. No proof has been given by the appellees which discredits or proves the injustice of any orre of them. After a careful examination of them, we think, that far more of them are sustained by sufficient evidence, than are necessary to establish a claim beyond that now made by the appellants, after making all deductions for the credits, satisfactorily established by the appellees. It is in proof, by the testimony of the appellees, that the church “was carefully constructed, and with great solidity,” and that the erection of such a building now, would cost $30,000; and there is no evidence before us to shew,
This court are prepared to sign a decree, reversing the order of the county court appealed from, with costs to appellants in this court; the costs in the county court to be paid out of the fund in court; and ordering tire fund in controversy to be paid over to the appellants, the executors of Doctor Joseph Allender.
DECREE REVERSED WITH COSTS.