11 Tenn. 537 | Tenn. | 1832
delivered the opinion of the court.
The bill charges, that the elder Hadley departed this life about the 8th February 1830, intestate. That he was 77 years of age at the time of his death: for sever
Among pretended friends and advisers, was Latimer, the defendant; he exerted himself to prevent reconciliation with the family. The said elder Hadley first conveyed his home place, worth ‡3,000, to one Douglass, who was to provide for Mm during life, but to this he took no covenant; in a few months they fell out, and Hadley went to live with Latimer. Mrs. Latimer was the niece of Mrs. Hadley, and had been raised by Hadley; she was aimable, anda favorite with him. Latimer is charged with acting as agent and attorney in fact, was on all occasions his counsellor and adviser, adopted all his passions, and inflamed his hatred against his family and passed himself upon him as his only friend. They charge, that Latimer received much personal pro
Latimer answers, that he married a niece, who had been the foster child of J. Hadley, and a favorite. That he himself had done many things for Hadley, and both himself and wife being poor, Hadley gave him a small tract of land seventeen or eighteen years ago, which he sold for $210; he lived twelve years beside said Hadley in friendship; for the last eight years he lived five or six miles off; admits the misunderstanding in the family of Hadley; that Mrs. Hadley went off with most of the household furniture, and the old man was left alone, and had not furniture to make him comfortable; denies positively that he, defendant, had any agency in creating the difference, or keeping it up after it had commenced; nor did he encourage the removal of Hadley to his house. The elder Hadley had tried his nephew, Joshua Hadley, Jun’r.; they disagreed. He then tried E. L. Douglass; they disagreed. So far from wishing to insinuate himself in the favour of the elder Hadley, with a view
“ October 4/A, 1829.
“Dear Sir: My not being able to write you, has made me uneasy on your account, knowing my children would endeavour to set me against you as they did in turning against me. I shall depend on you to act for me while all of them is striving to prevent it; you have been my friend and I will be yours. Phill can tell you about my health, and I shall be with you I hope shortly. Martin had no business to tell you James was to do the business at Carthage; any business in law cases, I will get them to do as other lawyers, and will pay them; the wound they have gave my feelings I never can forget. I hope to be with you shortly. I remain yours,
Joshua Hadley.”
“ October 2áth, 1829.
Dear Sir: You would be surprised to know how my*541 children speak against you, and by that means expect to beep me from doing any thing for you; to bring a suit against Douglass, they said it was necessary for me to dissolve my will, which I have done, and James Sanders was very active to induce me to dissolve the will, which I think was to keep me from giving you any property. I wish you to get some person to write a will; do it in a private manner, and I will sign it, to give you every thing I have: why I want it kept a secret is for them to carry on a suit against Douglass. I have got Benjamin Smith to write to you to come to Smith’s to let me know what was said when I made the deed, and the conditions on which I made it; do not fail coming with Phill. I have to send the patent of the land with James Holmes to Shelbyville, to he there on the trial in two or three weeks, and I want you to take it, and if you do I will give you a deed for it. I have told Phill what to tell you. I am yours, Joshua Hadeey.”
Answer further shows, that Hadley had from time to time divided his estate with his children, and had in the language of the elder Hadley, made them rich, retaining a small remnant. He was averse to slavery, and often expressed himself so; he had applied to the legislature and to the courts to have them freed, hut his applications had been denied; and hence it was he employed respondent to convey them to a free state, that they might he emancipated; and for this service gave him the balance of the Fayette land, 243 acres. Respondent did as he believed and was advised, all that was sufficient to free the slaves, and believes they are free; but if not free, they are his, respondent’s property. Respondent had received a conveyance for 243 acres of the Fayette lands for making partition of a large tract of 2430 acres amongst sundry claimants; these lands are worth about ‡2 per acre; the deed for 480 was made to him in his absence. Respondent, under special directions, sold a
The evidence bearing on the case, though it lies in a narrow compass, has by repetition been carried out to a most unreasonable length. Thirty or forty depositions have not only repeated, what five or six had proved as well, but they are loaded with much impertinent and irrelevant matter, making in the whole a most burthen-some record.
Have the complainants sustained their case by the proofs? They have proved the bad state of feeling between the elder Hadley and other members of his family, (Amelia excepted) and though it is unimportant to go into the cause of this misunderstanding, yet it may be re
But supposing there was weakness of mind to a degree that might be operated upon by one having gained his confidence, did Latimer take any such an advantage of Hadley? We cannot find it in the proof. Where is the evidence in the large volume before us that brands Latimer with any such stain? Whatever, in the testimony of complainants, may seem to have a bearing that way, (if any does) it is more than met in the respondent’s proofs; few men have sustained a better character than creditable witnesses give him. The very acts performed toward Hadley by Latimer, seem from the proof, to have sprung rather from motives of benevolence and an accommodating spirit, than from any prospect of gain. In noticing this part of the proof, we are not to be understood as sanctioning the practice of introducing character in the pleadings and proofs in chancery. Lati-mer when assailed, felt it no doubt his right to resist imputation, and he has done so, but does not recriminate. We regret the introduction of a practice so reprehensible; a practice which as the case before us shows how far a party may depart from his supposed equity to become personal. In the selling of Hadley’s lands and freeing his negroes, there is no proof that Latimer prompted either act; in procuring compensation, particularly for conveying the negroes to a free state, Hadley, as in everything else, dictated the compensation. He procured Mr. Cage while Latimer was absent to draw the deed for the Fayette lands, which Hadley then executed.— Touching this part of the issue made by the pleadings, the evidence may be summed up in this; That Hadley was a man possessed of a mind strong for one of his age, fixed and determined in his purposes, and from the time of his residence with Latimer, disposed to better his condition by giving him the little estate he had retained to himself. The question so earnestly pressed, that Lat-
The letters of Hadley of the 4th and 24th of October 1829, are a volume in the case before us. 1st. All his children then considered him of disposing mind. 2d. The letters go far to show he was so, and in whose behalf that mind operated. 3d. While it proves the assi-
Bill dismissed.