11 Ky. 86 | Ky. Ct. App. | 1822
Opinion of the Court.
Thomas Denton and wife exhibited this bill in chancery against the administrators of Thomas Ashley, deceased, charging, that said decedent was the son of the female complainant, by a former husband ; that during her widowhood, she became possessed of sundry slaves, which passed to her from the estate of a deceased relative in North Carolina, where she resided, and that she removed with them to Kentucky, in some of the upper counties; that she entrusted the negroes aforesaid with her said son, for the purpose of his going in search of a suitable residence for her, and there making preparations for her family, and then he was to return and move her to it; that the son took possession of the slaves, for the purposes aforesaid, and, to her astonishment, did not return, nor was he heard of for several years, and was then discovered, by a person employed for the purpose of searching for him, to be living, with the slaves aforesaid, in the state of Tennessee. Some time after his discovery, he removed to the now county of Butler, in this state,
The defendants, in their answer, put the complainants on the proof of their claim; but admit the possession of such slaves. They allege that they belong to the decedent, and that he had bought them from his mother, and exhibit writings purporting to be executed by her to that effect. They allege the claim is a stale one, and that the complainants had lived years in the same neighborhood with the decedent, and that they never asserted any claim, until his death. They plead the length of time as a bar to relief. They deny that the complainants are married, and allege that during her widowhood, the female complainant was married to, and cohabited with a certain Joseph Wiley, who is yet alive; and insist that if there is any right to the slaves, it is in him. They insist that there is no equity in the bill, and that the remedy is at law.
The complainants then amend their bill, and allege that the defendants claim the slaves by writing to the decedent from his mother, or a bill of sale. They allege that all such writings are either forgeries, or that they were obtained by fraud and deception on the female complainant, Mary Denton. They require the production of the writings, and pray that they may be cancelled or given up, and the negroes be recovered, with their hire. Pending the suit, Thomas Denton died, and his death was suggested upon the record, and the suit progressed to trial in the name of his widow, Mary Denton, in whose favor the court below decreed the said writings to be given up and cancelled, the slaves to be restored, and the hire to be paid. From this decree the administrators and heirs of Ashley appealed.
It is now contended, that the chancellor had no jurisdiction of the case, and that the remedy of the appellee is properly at law. On the other side, it is insisted, that the claim of the appellants is founded on a trust, and that the son took and held the slaves for the
2. The answers of the defendants however, having set up claim under her by writing or bill of sale, and the amended bill being framed with appropriate charges to invalidate these writings, and require them to be annulled, presents the case in quite a different aspect; for, although forgery, and frequently, fraud in writings, may often be successfully attacked in a court of law, yet a chancellor will entertain jurisdiction to set aside such writings, surreptitiously and fraudulently obtained, with regard to either real or personal estate.
On the amended bill, therefore, although it is somewhat defective and general in its terms, the jurisdiction of the chancellor may be sustained.
It does appear satisfactorily made out in proof, that in the year 1805, while a widow, the appellee did obtain the slaves as a portion or legacy from the estate of her grandfather, through the instrumentality of her brother, into whose hands they came during her widowhood : that she removed with them to Kentucky,
The defence, of another and lawful husband of the appellee being now living, set up in the answers, is not sufficiently supported by proof. It is shown that about the time the appellee had possession of these slaves, she did cohabit with a certain Joseph Wiley, to whom some said she was married ; but it seems that it was more a clandestine connexion and illicit cohabitation, than a real marriage, and was afterwards broken off, and she was married to Denton, as is clearly proved. However censurable her conduct may be in this respect, in a moral point of view, it cannot affect her right of recovery in this suit.
3. Nor is the plea of the statute of limitations available. Suits in chancery are not within the letter of the act, and it is in conformity with its spirit, that equity has adopted analogous principles, to which the chancellor allows more and other exceptions than those
We, therefore, conceive that these writings were properly annulled by the court below; and as the jurisdiction of the chancellor can be supported for this purpose, and the right of the appellee is clear, we perceive no objection to full relief being granted, by a restoration of the slaves and the payment of the hire, as decreed by that court, without turning the parties round to a court of law, to finish the controversy, which the chancellor can do, and thereby avoid multiplicity of suits.
It is assigned for error, that the court below erred in making the administrators personally liable for the hire, without charging them out of the goods, chattels and slaves, which were of the decedent at the time of his death, and which had come to their hands to be administered. This error, we discover, is well founded. The decree is absolute against them, without regard to the fund out of which the hire is to be paid.
Although we approve of the decree in other respects, yet, in this it must be corrected, and must be reversed, and directions to the court below to enter the decree in conformity with this opinion.
Each party must pay their own costs in this court.