42 Tenn. 391 | Tenn. | 1865
delivered the opinion of the Court.
The original bill in this cause was filed by the complainants, McDaniels and "Williams, on the 18th of June, 1858, against David L, Goodall, a citizen of Sumner County, and John D. Goodall, a citizen of Virginia, in the Chancery Court of Sumner, to attach a fund in the hands of David L. Goodall, as the executor of Charles - Goodall, which they allege in their hill, belongs to John D. Goodall, in right of his wife Elizabeth, deceased. They aver John D. Goodall was indebted to them by judgment rendered in the Chancery Court of Sumner, at the October Term, 1840, in their favor, against him. It appears John D. Goodall intermarried with Elizabeth Belate, and shortly thereafter he sold her interest in her father’s estate to the complainants, McDaniels and Williams, for $600. The wife of John D. Goodall brought her suit in the Chancery Court of Sumner to set aside the conveyance, which was done; and a decree, at the October Term, 1840, was rendered against McDaniel and Williams for $700, in favor of Elizabeth Goodall, and the fund was settled on a trustee for her sole and separate use, free from the debts and contracts of her husband, John D. Goodall. Charles Goodall, the testator of David L., was, at a subsequent term, appointed the Trustee, and the fund paid over to him. In adjusting the equities
There was a decree for the complainants; the record has been filed for error.
Several questions have been made in the argument. It is insisted the decree in this case, rendered at the October Term, 1840, against John D. Groodall, in favor of McDaniel and Williams, is void. To this proposition we cannot assent. Upon an examination of the record in that case, it will be seen it was rendered upon a settlement of the matters of equity in the suit between the parties. They were all before the Court, and it had jurisdiction in the adjustment of the equities of the parties. The decree in this case recites upon its face, and assumes the existence of all the facts that would authorize the Court to pronounce the decree. This being done, it is valid: James vs. Read, 1 Hum., 342. It is insisted for defendant, no execution having ever issued from the decree of October Term, 1840, against John D. Groodall, and there being no proof of any payment, demand or promise to pay, more than eighteen years having elapsed before filing the bill in this case, it amounts to plenary proof of payment. This, it is said, is removed by the pro confesso taken in the cause vs. John D. Groodall.
The answer of David L. G-oodall, in whose hands the fund is attached, claims it as the guardian of the children of Elizabeth, and he relies upon the presumption of payment, and denies the equities of coni-
This rule applies to judgments and decrees, as well
The complainants in the original bill, not having produced any proof to refute the presumption of payment arising frorp. lapse of time, are not entitled to recover. The administrator of Mrs. Elizabeth Goodall was a necessary party to the suit. The interest of Jhhn D. Goodall, the husband, could only have been reached through her administrator, and he was no party to the original or cross bill. In the view we have taken of the law governing this case, it is unnecessary to determine as to the, marital rights of John D. Goodall. The proper parties are not before the Court.
The decree of the Chancellor will be reversed, and the bill dismissed.