6 Md. 435 | Md. | 1854
delivered the opinion of this court.
This case arises on a bill filed by the appellants against the
The bill alleges that he had five children, of which three survived him, namely, Mordecai Haines, Mary Haines and Eleanor, who intermarried with Nicholas Hardy. John, who died before his father, left two children, John and William Haines; and Daniel, who also died before his father, left, as his childten, (he complainants.
The only dispute in the case is in relation to the lots numbered 1 and 2 on the plat filed in the cause. The defendants, Mordecai Haines and Nicholas Hardy and wife, claim these portions of the land as their own by virtue of gifts or contracts of Nathan Haines.
They insist that they were put in possession of these lots by Nathan Haines, and in pursuance of such possession and gift they made large improvements on the land.
The principles of law which must govern the decision of the cause are few and plain, and have been very distinctly recognised by the adjudications both of this and the Supreme Court of the United States. We refer to the case of Shepherd vs. Bevin, 9 Gill, 32, and to the case of King’s Heirs vs. Thompson and wife, 9 Peters, 204.
A great number of witnesses were examined in reference to the declarations and acts of Nathan Haines in regard to the property in question, and also touching the possession and improvement of it by the defendants, Mordecai Haines and Nicholas Hardy and wife. There is no discrepancy in the evidence so far as relates to the possession of the land, and the improvement of it by these defendants during the life of Nathan Haines. It is clear, beyond all dispute, that Hardy erected buildings on the parcel claimed by him and his wife to the amount of from $2000 to $2500; and also, that this was done with the knowledge and consent of Nathan Haines, who said that they need not be afraid to make the improvements, as the land was Hardy’s and wife’s. Besides this evidence, Nathan Haines executed and delivered the following paper: “Received of Nicholas Hardy five dollars, to me in hand paid, for a part of the land conveyed to me by Walter Worthington, and now
Apart from all questions in regard to creditors — and there are none involved in this case — ’this paper, the execution and delivery of which is fully proven, is alone sufficient to defeat the application of the complainants for a partition of that portion of the laud held and claimed by Hardy and wife. The contract is for a valuable consideration, and declares on its face that the parties have been placed in possession. Were this an application on the part of Hardy and wife for a decree for specific performance, a court of equity would not hesitate to grant it. Any supposed inadequacy of price, in the absence of fraud, would have' but little influence in the interpretation of such a contract between parent and child. But this is not an application to a court of equity to decree a specific performance; the defendants ask no aid from the court; they only deny the right of the appellants to the assistance which they solicit, and that denial is placed on the ground, that their ancestor did not die seized of the land in question so as to entitle his heirs to ask a partition of it. But, independently of the written obligation which we have quoted, it is clear, that Hardy and wife did, on an express understanding had with Nathan Haines, improve the property to a considerable amount. This, under the authority of the cases which we have cited, is sufficient to vindicate the correctness of the decree of the chancellor in regard to the defence set up in their behalf.
The witness Mary Haines states, that “she has heard Nathan Haines say, that he had given the land to Ellen Hardy: that she need not be afraid to build upon it, because it was hers.” And the witness Samuel O’Neill testifies, that “he had a conversation with Haines on the matter about 1844, when Hardy was building the house. He (said Nathan) then told witness
In regard to the claim set up by Mordecai Haines, the evidence is somewhat different. It is not supported, as is that of Hardy and wife, by anything under the seal of his father. It rests entirely on the testimony of the witnesses. But this is amply sufficient to show that he dealt with the property considering it as his own, and this, too, with the knowledge and acquiescence of his father. The evidence shows, that he limed the land, expending for that purpose from two to eight hundred dollars as estimated by the different witnesses.
Mary Haines testifies that “Nathan Haines gave to his son Mordecai Haines, the farm adjoining the one occupied by Nicholas Hardy. She has often heard her father (said Nathan Haines) say, that he had given that farm to his son Mordecai. Mordecai Haines paid the taxes on the farm; he gave the money to his father to pay to the tax collector. Nathan Haines gave this property to his son Mordecai about fifteen years before bis death. Mordecai Haines was in possession of his property at the time of the death of the said Nathan Haines. He (Mordecai) was opposed to going to live at the farm. He wished to live at the home place; but his father induced him to go, and told him that that should he his farm; that it was good land hut out of repair.” Philip Cecil proves that Mordecai was in possession of the land some eight or nine years before the death of his father, and put “considera
It is on these facts the claim of Mordecai Haines rests. On the part of the complainants it is said, that the evidence
In the case of Kings’ Heirs, et al., vs. Thompson & wife, 9 Peters, 218, the court say: “to constitute a valuable consideration, it is not necessary that money should be paid: but If as in this (that) case, it be expended on the property, on the faith of the contract, it constitutes a valuable consideration.”
It is impossible, in oar judgment, to examine the testimony in this cause, without coming to the conclusion that the agreement between Nathan Haines and his son Mordeeai was, that the latter was to have the farm, on the condition that he was to work it, nor without perceiving that it was in pursuance of this understanding between the parties that Mordeeai limed the land, regulated the fences, and improved the buildings. Such acts and expenditures on the part of Mordeeai under such an agreement, constituted a valuable consideration, and this is all that is required to defeat the claim of the appellants. But if the case required it, we would be pre
Although a court of equity will not generally enforce a voluntary settlement against the settler, at the instance of a wife or child, it will at the instance of a child against the heir if it appear he have the preferable equity, or if the heir has been provided for either out of the other estate of the ancestor, or from any other quarter; and, “the circumstance, that the property which the volunteer claims, is more considerable than the heir at law has, is no reason for refusing a specific performance. Atherley on Marriage Settlements, 137, (27 Law Lib., 72.)
In the case before us, the appellants are provided for by the lot which has been decreed to be sold. On the whole we conceive this case free from all difficulty. The contract is satisfactorily enough made out, and that the expenditures have been made in pursuance of it, is equally well established.
Decree affirmed.