Hodges v. SpicerHodges v. Spicer
- Reporters:
- Before:
- Bynum
*1 228. 1878. Spicer. *. and reference- are deficient is no suggestion There amount. ascertain their been asked error. No affirmed. Judgment Curiam.
Per HODGES SPICER and others. MARY H. v. JERE W.
Deeds Validity against Cre- Lost Deed — of Gift —Re-exeeution of Specific ditors —Evidenee—Reservation of Life Estate — Estoppel.
Performance — C, his two sons to B and A executed deeds 1. Where arrangement C registration, and afterwards B was lost before B, for the land deed to C ori- a his land to A executed deed, reserving the first conveyed B ginally to and substitution ; life therein himself a B were valid as credi- held, original to and C ivas that if the deeds It exchange ¡between them made, would affect when tors the deed to relates rights C further‘, of creditors lost, notwithstanding date of the deed to B to the a life reservation therein of estate A. case, upon validity In deeds 2. such an issue as to the inquiry as to reserved whether not the pro- debts, perty should sufficient and available for the satisfaction original be confined the date deeds. case, a complain In of A the reservation of such creditors can life estate him the second deed. specific performance of a. equity will compel rule that a consideration, to is confined not founded on valuable contract cutory promises rest contracts fieri. possession of grantor “is to retain in deed A that the reservation may- long as he life or lands his natural the above described on the- life estate use and confers his own benefit” desire grantor. IN THE SUPREME COURT. u. *2 6, declaration of a made at a time to the exe- deed, against grantee. is not evidence cution of grantees a present under deed of Where the were a sale of against under execution and made the land no claim to they ; thereby held, estopped are the land It was from assert- ing their title. 252; Baskerville, (Plummer Hill, ; Eq. Eq. McCainv. v. 2 Ire. 176 ; Hodges, Eq. & Terrell, 2 Dev. Bat. 72 Terrell v. 69 C. N. 382; Saunders, 9 Ire. 163 Tilghman, West v. Ward 6 Ire. 442, Clayton, approved.) cited and Williams v. 7 Ire. Land tried to recover Term, 1877, Spring Action Civil Court, Seymour, before J. Superior of Onslow The material facts are embodied in the of this opinion rendered a of defendants, Court. verdict favor jury His Honor and upon question gave judg- law.reserved plaintiff for the and ment the defendants appealed. A. H. It. Messrs. G. Hubbard and Kornegay, plaintiff. I). Messrs. Á. Bussell, W. Allen and L. for defendants. J. and By family arrangement Bynum, pur- life, children in pose advancing his on the 13th day father, 1863, John E. Eebruary, by deeds Spicer, duly I). executed, to his son John conveyed the eastern Spicer half the land in W. and to Jere controversy, Spicer, one, another the western half. After the return of Jere 1865, the brothers army their exchanged from lots and JohnD. half to eastern Jere conveyed by the deed to the western half made the father to Jeré hav- been before ing another registration, by arrangement all and in parties of the contract of pursuance exchange, John F. father, executed another deed for the western half of the land to John Spicer.’ This latter deed 1865, was made October, the 14th of and was intended by aas parties substitution for the lost JUNE’
At the deeds of 1868 time these and 1865 executed, were E. was indebted bargainor to the plaintiff sum Sanders one three surety thousand thereabout; dollars-or which debt was reduced to judg- surety ment and-in principal ón all the land and sale of levy alleged P. to be the land of John Spicer, was made sheriff deed therefor was executed to the a. who purchaser in‘the action and this suit for the brings re- covery same. thfe trial it
On was conceded the defendants that their not’ deeds could be supported conveyances valuable consideration, but they alleged prepared *3 show that at:‘the- time’ Of them in 1863 P. making retaitfed sufficient and property fully available for iris, 50, the satisfaction of Bat. Rev., then creditors. ch. 3.§ first, Tvvoissues were to submitted the ‘thereupon did jury, the deeds, when he-executed bargainor, the retain property fully sufficient and available the satisfaction of his debts, secondyif so did” he execute said‘.deeds in good faith Or with an intent hinder or delay, defraud his cred itors, or .to sórne ease or for himself. gain advantage ....‘.The defendants’ evidence the first upon issue confined “to-the‘vajue. of the at the time of bargainor’s the property n execution deeds, the .of‘the 1863 while plain- of-February, tiff contended‘-‘that. be-confined to the inquiry should t-he. ;deéd October, date of the last the ground, — 1865— first, the latter deed and Oould was new‘contract have no rélatihn back dáíte the lost because it con- a different áñd toa éstate’ different lost veyed person,‘the deed ‘Jefe, made to while the substituted one- was being made to‘John and while the lost deed contained reservation, no and the‘substituted deed contained a reser- n of an vation estate to the The “Court admitted the grantor. and‘.that evidence is the of one ground exception. SUPREME, THE COURT. IN SpiqeR.
Hodges to- to the two sons were valid as of 1863 deeds If made, between exchange when creditors could affect their parts sons an estate to deed reserved substituted if the not can creditors the estate complain, clearly execution, liable instead became reserved the assets debtor. If of’ increased one diminishing back the estate yield apart consented origi- sons have no the creditors cause of conveyed, complaint nally is for their benefit. for that recurs, then of’ deed The principal —does of this case to purpose date of relate ? If the the lost deed had grantee to set the lost deed and up Court compel Equity the- in its execute another place, grantor thereby- to do what a Court of voluntarily the right Equity general do. him to is that rule compel equity- would performance of a contract compel specific a valuable But a on distinction is founded consideratipn. (cid:127) contracts executory promises rest drawn between executed, those which are the one agreements fieri, enforceable when founded on a only being class valuable consideration, and the other no consideration or- requiring one, as a meritorious children for ex- provision aOnly Adams, 79, If,” 80, “the donor says has perfected.- . ample. *4 which, he in the that there is noth- -<vay intended his gift do and to which him ing‘left nothing authority- he countermand, the. donee’s is enforceable as a do trust- is consideration is instance Such immaterial. an instrument has been where the case fully in “the retained donor’s These although possession.”. cuted case, our govern think Court- we authorize a principles in a deed, to. to- grantor voluntary compel, of Equity, redeliyered for safe it was keeping,., -whom after execution whom., lost, (which it is. case) to was, execute^ by our- TEEM, Spiceh. another the same import. parties have done them selves what would have equity them compelled to do under its to enforce powers specific performance. Plummer v. Baskerville, Hill, Ire. McCain ;252 Eq. Eq. & Bat. Hodges, Dev. 72. The deed in Eq. this case has relation The deed of 1865 F. from John to John D. Spicer, “ that,
contained this clause: It is understood and agreed the said John F. is to retain Spier possession above lands and described life, his natural premises during or so he his as desire own use long may benefit.” This clause was added after execution the deed proper, but was executed at the same time and with same for malities and must have same effect as if it incorporated been the deed at its We proper place. if have before effect seen that of this is to reservation is estate-to it- give legal advantage his has no cause complaint. But the defendants insist that it has no legal such operation a life at least the extent of giving estate the grantor. As, however, and, the defendants the deed accepted is, assented to all its must be content proof provisions, with such estate as construction con proper to John veyed hitch is the alterna tive used in the natural words reservation life, soor it,” as‘he contend long desire defendants may at most an ing gives only language will, estate at of execution sale. not the subject A be, posses freehold for life An is defined estate —“ sion, or or remainder reversion . corporeal incorporeal hereditaments, interest’ life, held for or some uncertain for. or capable created some mode of conveyance the life last freehold, transfer ringtail may Uncer of the devisee some other grantee, person.” be, an essen of duration is tainty thus though seen *5 IN THE SUPREME COURT. ®, estate. If for freehold tial, a common property yet sola fait, dam or to a woman an estate is granted instance se bene or to man gesserit, viduitate, quamdiu durante or coverture, as or long grantee during and woman as he a certain sum house, or long pay in such a dwell indetermi- tempus uncertain money, any Jike time— cases, these if it be it—in all of ands natiiM, Bracton calls law, the lessee has an estate tenements judgment would be they might probably life because possibly thus the life the grantee, constituting co-extensive with life, which are estates for divisible into among a distinction absolute, for life life and estates determinable. estates 41; Co. Litt. Cruise Wharton’s Conveyancing, 42(a); Terrell N. 102; Terrell, 2 Bl. ch. C., Greenl. had a life therefore’ authority Upon J.@hn half of lands’ in the western D. Spi- upon 1865, and so‘the Court held cér the deed of reserved, to-that extent gave law question judgment defendants; and from defen judgment‘the ‘The Court! issues of fact dants appealed defendants, and ‘‘the found favor of exceptions the- taken- trial will progress case,’ which is liére be’ in the next upon her disposed l. e a app Nó error.- (cid:127)
PeR/Cuei-AM. Judgment‘affirmed. NoTE;-^In -be‘twenthe same parties case theplain- ” ’ ” ~ tiff’s appeal:— casebetween the same‘parties -J.- previous In
‘By.Num; the main the defendants’ this-term upon appeal, decided.at and-it was of, in the action was disposed involved under the-deed 1865 re- there held John F. *6 229 in the one tained life estate half of the land in dispute, and that the action this that deed was to purpose be been executed considered as of the date of the having for which was intended to abe substitute. The was therefore directed to inquiry jury properly the of the retained at value date of grantor’s the the exe- cution of the deeds of faith with which good made these he deeds. John the trial the show that attempted plaintiff
Upon the was in of the F. Bermuda possession land in Island 1867 or 1868, by suit) part (being some rent from that in these evidence that he place received himself did land. He then he occupy years, though Did to the witness: hear F. put you question ’68, he time in for what purpose any say had made the sale of land counsel stated ? The question to be to show that the retained an in- grantor purpose Island. Bermuda terest in Upon objection was ruled out. The declarations who person time cuted a at a such execution are not Ward 6 Ire. Saunders, evidence grantee. Moreover the Clayton, Ire. 442. Williams retain a life estate in one half the as we have decided did to receive rent for it or and had both Island, reside Island. asked the counsel for Court charge
2. The plaintiff the execution sale under that by being present jury claim which the plaintiff purchased, any making land, the defendants were from any estopped asserting evidence The Court there decided, first, title. second, at the sale, that the defendants present That were not so been, if they estopped. benefit of point. certainly gives ruling IN THE SUPREME COURT. 1). WHITSETT FOREHAND. ‘The law with His Honor. v. West Tilghman, The verdict of the was for the jury defendants.
No error. affirmed. Judgment ,Pee, Curiam. *7 J. FOREHAND wife. * W. WHITSETT v. W. C. Registration Contract—Damages. Deed—Probate — “ meaning territory within the is a Nation” The Cherokee 35, 8.) statute, ch. Rev. (Bat. § “ Nation,” under its the Cherokee the Chief certificate taken, probate of a deed is whom the Judge, before seal, great probate and re- the deed entitle &c, is sufficient Judge is such in the must statute Governor” The word in this State. gistration Territory, a State or Officer of Executive Chief be taken mean.the great seal. having its cer- in cotton sum solvable a certain note for In an action on damages for to recover plaintiff is entitled price per pound, tain quantity of value of cotton, the market non-delivery ought same the time contract at under deliverable cotton have been delivered. January heard a Mortgage to foreclose AotióN Civil ‘Wayne Court, before 1878, of Term, Superior
Special J. JEure, W. J. sell to his wife contracted there- him a deed land, and delivered
Forehand a tract acknow- was never for, properly which deed was alleged in the.plain- to the land was The title ledged proved. * hearing of Faircloth, having on the J. been of counsel did not sit this case.