30 F. 27 | U.S. Cir. Ct. | 1887
This is an action to compel the specific performance of a contract to convey an undivided half of veal estate in Hot Springs. It appears that on the fifteenth of May, 1876, the plaintiff William H. Gaines executed a quitclaim deed to defendant Joseph Molen, and on the
Both deed and contract were executed after the decision of the supreme court deciding that the title to the Hot Springs reservation was in the United States government, and not in either of the three existing claimants.
In the opinion of the supreme court in the case in which the title of the three claimants to the Hot Springs reservation was declared void as against the government, it was intimated that congress, in any future disposition which it might make of the land, would doubtless recognize any equities in favor of these claimants, and it has since been decided by that court
Upon these facts, I think it very clear that the claim of defendants that this contract was without consideration, or that the consideration was illegal, cannot be sustained. Obviously there was a settlement between the parties. The plaintiff William H. Gaines had some claims, as between himself and defendant, to the ground, and probably to the buildings, which were settled and adjusted by tbis deed and contract. He unquestionably had that prior occupancy which it was thought might be of value in the future acquisition of title from the government, and which in fact proved to bo of value, the benefits of which the defendant sought to acquire, and did acquire. The plaintiff was not simply contracting to furnish testimony to support a claim of the defendant believed to be good, or believed to he fictitious; but he was contracting-with a view of preserving Ms own rights, and uniting the claims of himself and defendant in the one person, for the greater convenience, and in the hopes of hotter success, in any proceeding which might be initiated. The fact that he contracted to furnish the testimony, and did in fact furnish it, works no estoppel as between himself and defendant. Hobbs v. McLean, 117 U. S. 587, 6 Sup. Ct. Rep. 870.
The contract which was made, was in no manner a violation of any act of congress, nor did it contravene any public policy. It was a contract between two parties who might possibly be contesting claimants under some future act of congress for a settlement of their respective claims. The ease of Southerland v. Whittington, 46 Ark. 285, is very much in the point, and the decision of that learned court is in accord with the views I have expressed. See, also, Lamb v. Davenport, 18 Wall. 314.
A decree will bo entered in favor of the plaintiffs as prayed for.
111 U. S. 276, 4 Sup. Ct. Rep. 605.