57 Tenn. 675 | Tenn. | 1873
delivered the opinion of the court..
These bills, cross-bills, supplemental bills and injunction bills present a complicated mass of pleadings better calculated to obscure and render uncertain the points intended to be presented to the court for decision, than anything that has fallen to our lot to examine since we have been on this bench. We have endeavored by careful- examination of pleadings and evidence, and by the assistance of able briefs of the counsel on both sides, to arrive at the real issues presented, and while we may well doubt whether the-questions debated by counsel could be fairly presented on strict application of the rules of law to these pleadings, yet in view of the peculiar circumstances of the case we deem it our duty to settle, if possible, the conflicting claims of the parties as far as it can be done, that this vexatious litigation may cease.
It is conceded by counsel for Eliza King, that the descent of the land is not correctly stated in the original bill, but that the facts are as stated in Riley’s-answer to the original bill, and the subsequent pleadings.
In order to arrive at the real questions presented for our descision in this case, we can only look to the allegations contained in the pleadings found in the record, for these make the case before us, not the proof as contained in the depositions, except so far as such depositions contain matter in the pleadings alleged.
The first proposition, on which the title of ;Elizabeth King is maintained and asserted to the whole of the land in controversy, to-wit: the one hundred and twenty-five acres, is, that she has title under a descent cast and statute of limitations.
In the language of the court, in the case of Hubbard and Wood v. Wood’s lessee, 1 Sneed 285, “we take it to be too clear to admit of any discussion that title by descent is an ‘assurance’ of title within the meaning of the act of 1819.” It may be conceded, as held in the above case, that “the seizin and possession, are as well of every part, as of the whole tract, that the title of each tenant, is a title extending to the whole tract, and that it follows — both the title and possession being entire — that the statute of limitations (when applicable) would operate to vest a tenant in common holding such possession, with an absolute and indefeasible title to the whole tract of land, by virtue of sec. 1, Act 1819.” Ib., 185.
It is equally sound law perhaps, “that an ' exclusive, adverse possession of the whole tract of land, or exclusive receipt of the rents and profits, no demand
We turn to the original bill filed by Eliza King et al v. Wiley and William A. Rowan, and find the following allegations: “Your complainants have all been either in the actual or constructive possession of all of said tract of land down to a very short period, as will be more specifically shown- hereafter.” Again, after stating the fact that the land had been sold for taxes, and bid off at the instance of complainants — by their attorney J. B. Heiskell — which the bill alleges “ he proceeded to do, and bid off the land for the benefit of all the heirs of the said William Rowan, deceased.” The bill then alleges that William A. Rowan had lived upon a considerable portion of said land, for between two and three years, and received the rents and profits of a much greater portion of said tract of land than he was entitled to-
It is evident from these allegations that no exclusive right to the one hundred and twenty-five acre tract could be established in Eliza King, unless we should hold that a complainant can recover in a Court of Chancery by disproving the allegations of the bill by which the case is stated to the Court.
In 1861, however complainant Eliza King and Eliza Rowan filed, what is entitled, on the first page of it in this record, an original and injunction bill, the prayer of which is that it be taken as an
This bill is filed to enjoin an action at law of forcible entry and detainer, which it seems B,iley had commenced against Elizabeth King, and to prevent vexatious litigation growing out of said suit. There are various recitals in said bill, giving the history of the suit then pending by Hopkins’ heirs, with other matters not necessary to be here mentioned. She, however, claims to have occupied the part of the land recovered by Hopkins’ heirs, but that her claims extended to the entire tract, including the one hundred and twenty-five acres in dispute, and to have cultivated part of the one hundred and twenty-five acres from. 1853. She then adds a new and independent claim of title to the land, for the ■ first time made. The allegation is, “and while complainant-. Betsy King will insist upon her right to the entire tract of land upon her possession, as also upon the redemption by her of said land, which was sold by the sheriff of said county and bid off by said J. D. Itiley in a matter which will be explained upon the hearing, and to test the validity of which claims, this bill is filed in part.” The prayer of this supplemental bill is, that the court will adjudge upon the hearing complainants’ rights to said land respectively, and decree the land to said Betsy, or partition the same as may be just, etc.
This allegation, though very inartificially drawn, taken in connection with the other pleadings and history of the case, as found in the record, can only
In response to this allegation and claim, Riley answers, “that said land was also sold at execution sale, and respondent denies that she has ever redeemed it.” Respondent, he says, became the purchaser. Complainant made a tender of some money, but not an amount sufficient to pay the amount for which it was sold, with interest, and respondent is advised that if she had redeemed it she would have held it, not absolutely, but for the benefit of herself and the other parties who were interested with her as tenants in common.
A deed is in proof, unobjected to, from Elias Beel, sheriff of Hawkins county, and made on July 4, 1865, which recites that a sale was made Mnv —, 1861, and that Eliza King, on May 22, 1863, in her own right, and for her exclusive use and benefit, did redeem said land, by first tendering to the said John D. Riley the sum of $270.60, that being the amount due said Riley as principal and interest of his bid of $241.60 so bid by him at said sale, and the said John D. Riley having directed that said redemption money be paid to the Clerk of the Circu't Court, etc. It then goes on to recite that the money was paid to the. clerk, and a receipt of the clerk is sub
The only defenses set up against this redemption in the answer of Riley, are: 1. That the amount tendered was insufficient. 2. That Elizabeth King being tenant in common of the land, could not redeem and hold' exclusive of her co-tenants, but would hold the land or legal title as trustee for them.
As to the first question, it may be answered that a redemption of the land being alleged by the bill, and a tender admitted by the answer, the fact of a tender of the redemption money is proven by' Beel in his deposition, as well as in the recitals of the deed. Under these circumstances, it was clearly the duty of the party claiming its insufficiency to show that the fact was as claimed.
"We proceed to examine the second question. It was presented in the case of Tisdale v. Tisdale et als., 2 Sneed, 598-9, as to tenants in common by descent. In the opinion of Judge Wright, he says of the purchasing tenant in that case: “He was jointly interested in the land with complainant as tenants in common by descent, as such he will be regarded as acting for all in the removal of incumbrances, or perfecting the title, unless the contrary is clearly made to appear.” He lays down the general rule as broadly as the
In the second place, Riley was a purchaser or assumed purchaser, and held by a distinct title from hers, which was by descent; and so the general rule did not have strict or proper application under the facts of this case; and lastly we may add, that peculiar •circumstances such as are required in the rule we have quoted, are abundant in this case, sufficient, if anything can, to take this from under the operation of the general rule. The land was in angry litigation between the parties; the advantage in the way of money and skill in management, was greatly in the favor of Riley, who shows himself the cunning, artful speculator from the whole proof, and eagerly seeking a profitable bargain. He had been active no doubt, in having the land sold for costs of suits then pending; had eagerly purchased it, intending no doubt, to fortify his doubtful title by the sheriffs deed under these sales at execution, not believing this old woman would ever be able to redeem it. She defeats this effort of his by the aid of friends, and now Riley claims, that there was no redemption, or if there was, she must be held as trustee for his benefit. In other
¥e need not elaborate the circumstances in this ease that add strength to this view. It suffices to say, that from what we see in this record, it would he very doubtful under a proper presentation of the question, whether any court of equity would have ever enforced Riley’s supposed titles, on the ground that they were hard and unconscionable bargains, such as would repel him from relief in a court of chancery. It is insisted however, that Mrs. King acquired no title by the sheriff’s deed and tender of the redemption money, and that there was no authority for deposit of the money with the clerk, as was done, Riley being in the county. This is certainly true, so far as the actual legal title is concerned-The tender having been refused, the sheriff had no authority to make the deed, consequently it conveyed no legal title to her; yet the tender did confer rights-on her. She as one of the parties against whom the execution was, under which the land was sold, had the right to redeem it, having tendered the money and the tender having been refused, she had a right to file her bill in equity and compel a redemption, and equity treating that as done, which ought to have been as to all rights, which would have grown out of the act had it been done, .will,.
On looking at the answer of Riley, it may be fairly construed as admitting the redemption by Elizabeth King, if the tender was of enough money for the purpose,, that being the only objection he takes to it. But- he goes on to insist that, she made a tender of some money, but not an amount sufficient to pay
We are authorized, by the consent of the parties in' the final decree, to settle on the equities between the parties. In that decree, after consolidating all the causes pending, it is recited, “and the parties agreeing to waive all questions of jurisdiction, and agree for the court to settle all questions between the parties.” This, in connection with the prayer of the supplemental bill of Mrs. King, that the court should settle her right in the land on the redemption question, presents the whole case and rights of parties for our decision, and the above is the conclusion to which we have arrived after going through this tangled mass of unintelligible pleadings.
The result is, the decree of the Chancellor is affirmed with costs.