52 Tenn. 378 | Tenn. | 1871
delivered the opinion of the Court.
Oii the trial of this action of ejectment the plaintiff read, in evidence, a deed of trust executed by the defendant to C. C. Clay, on the 21st May, 1868, upon a saw-mill, cotton-gin, steam engine and boiler, and also upon the tract of land, containing 64 acres, which is sued for in this action. The object of the deed was to secure certain debts therein described; and, pursuant to the powers conferred by it, the trustee advertised and sold the property for $735.10, at public sale, to John T. Furguson, the plaintiff, to whom he executed a deed, 1st March, 1869, which was • also read in evidence to the jury. A deed, from J. A. Coleman to Luther U. Coleman, for the same tract of land, bearing date 16th February, 1866, was also read in evidence. The jury found in favor of defendant. The plaintiff appealed, and the only question made in his behalf is upon that part of the charge of the Circuit Court which is in the following words, viz.:
“The defendant, however, insists that the deed from himself to C. C. Clay, trustee, was procured by fraud, and conveys no legal title to the purchaser. The Court charges you that, if you find, from the proof, that the plaintiff and C. C. Clay, the trustee, were members of the same firm, doing business in partnership at the time the trust deed was given, and the trust deed was given to secure a debt going to said partnership, then if the deed was procured by the fraud*380 of said Clay, the plaintiff would acquire no title by the deed from Clay to himself. If Clay, by false and deceitful representations, designed to deceive the defendant, procured the defendant to make him the deed, which he would not have done without such false- representations and improper advantage taken of him, then the deed would be fraudulently obtained, and would not divest the defendant of the legal title so far as C. C. Clay and the plaintiff are concerned, and you must find for the defendant.”
This charge is erroneous. There is no controversy as to the facts that the defendant executed the deed, and that the same was duly registered. He would not avoid its effect by appearing on the day of sale, and proclaiming, as he did in this case, in the hearing of the bidders, that the deed was procured by fraud. If' such were the fact, the plain and obvious remedy was to seek relief in a Court of Equity. Solemn assurances in writing can not be annulled by mere verbal declarations; nor is a Court of Law the proper forum in which to litigate the question whether a deed, duly executed and registered, is null and void for fraud on the part of the bargainee in obtaining it. Such a question, peculiarly and appropriately, belongs to a Court of equitable jurisdiction, and can not properly be determined in an. action of ejectment.
We have not been referred to any authorities on this subject, and are not aware that the question has been authoritatively adjudicated in this State. In Pratt v. Phillips, 1 Sneed, 547, which was an action
Mr. Greenleaf says that “fraud practiced by the party seeking the remedy upon him against whom it is sought, and in that which is the subject-matter of
Without pausing to consider the effect, if any, of the provisions in the Code destroying the distinction between sealed and unsealed instruments, we hold that the law is correctly stated in the passages cited from the notes to Philips; that the act of ejectment is purely a legal action; that where, as in this case, it appears from the evidence that the deed was duly executed, the maker of the deed, when sued in ejectment, is estopped to deny its execution; and that, if he relies upon equitable circumstances to avoid his own act, he must go into a Court of Equity, where questions of fraud cañ be more correctly determined than in a Court at law. The permanent establishment of the Chancery Court by the new Constitution will be in vain, if the separate and appropriate jurisdiction o'f the legal and equitable tribunals is not carefully defined and maintained.
In the instructions of his Honor in this ease, the jury was directed: first, to ascertain whether there was a partnership between the plaintiff and trustee; second, whether the trust deed was executed to secure a debt due the firm; and third, to determine whether the deed was procured from the defendant by the fraud of the trustee, a partner in the firm. Such inquiries are frequently of a most delicate and intricate nature, and require for their determination the best skill and
Reverse the judgment and remand the cause.