6 Fla. 570 | Fla. | 1856
Lead Opinion
delivered the opinion of the Court.
This is a suit in equity, instituted by the appellant, as the administrator on the estate of Joseph W. Lea, deceased, and others, for the recovery of a negro slave alleged to be the property of the said estate.
The bill alleges that the intestate, Lea, about the month of March, A. D., 1845, borrowed of Richard Tan Brunt,
The defendant in his answer denies that he obtained his possession from his father, or that the bill of sale under which he claims title to the slave was intended to operate as a mortgage, and expressly avers that he, defendant, bought the slave from Lea for the sum of two hundred and fifty dollars, which he paid to him in cash, and received from him at the time of the purchase the possession of the slave, which he has retained to the present time.
The petition of appeal alleges two grounds for the reversal of the decree of the Chancellor. 1st. That the court erred in excluding the acts and declarations of the elder Van Brunt from the evidence in the cause. 2d. That upon the pleadings and testimony, (with or without the declarations of Yan Brunt,) the cause should have been decided' for the complainants.
The first assignment as set forth in the petition is based upon the assumption that the acts and declarations of the-elder Yan Brunt, as testified to by the witnesses, were a' part of the res gestee, and as such were admissible to establish the point at issue, to wit: the character of the defendant’s title under the bill of sale—whether absolute or only a security in the nature of a mortgage.
It was insisted on the part of the appellee, that his title to the slave in controversy could not be affected by the acts
The depositions of Alsey Strickland and Gillen B. Strickland, are like wise to the'same .effect, all going to-show that &he slave was in the possesssion of the intestate at the date,
How, the evidence contained in the depositions just referred to, shows conclusively, and freed from a shadow of doubt, that down to the period of Lea’s death, he had always had the possession of the slave—that the possesionhad been continuous and uninterrupted, (with the exception of the time that she was in the possession of Yickers under a pledge,) and that it was never changed until she was taken possession of by the elder Yan Brunt. Here-then the first change of possession that we have any knowledge of, is the change effected by the elder Yan Brunt under a claim of title. The next change that we hear of, is the assertion of the claim of the defendant under color of a bill of sale from the intestate. It is -very manifestfrom the evidence before referred to, that (notwithstanding the allegation in the answer,) he, the defendant, never obtained the possession of the property from the intestate Lea. • And the clear presumption is, in the absence of proof to the contrary, that his present possession was obtained from his father, the elder Yan Brunt, and from no one else. If we, lie correct in this conclusion, and it would seem not to admit of a doubt, then it results conclusively that the possession of the defendant is intimately connected with the possession of his father, and that the father and son stand in'
It is, moreover, worthy of consideration, in determining upon the admissibility of this evidence, that the defendant is proven to have been a minor at the date of the bill of sale under which he sets up his title to the slave, and was residing with his father, as a member of his family ; that the bill of sale is admitted to be in the handwriting of the father, and that he is the only attesting witness to the execution of the same. The note also which it is alleged was given for the loan of money is shown to have been endorsed to the son, and affords strong circumstantial evidence to connect him with that transaction. These circumstances, we think, go far to show that the aspect of the transaction, as it really took place, may be very different from that presented by a mere reference to the bill of sale, and ought, therefore, to exercise a proper influence in determining not only the admissibility of the evidence, but the true character of the entire transaction.
We have considered this question without reference to authorities, as it involves a simple elementary principle about which there is no dispute. The only difficulty encountered is in its application, and upon that point the books furnish but an uncertain guide. It may not, however, be out of place to note the rule of evidence upon the subject of fraud as observed in the courts of law and equity respectively. Mr. Story, in his Treatise on Equity Jurisprudence, remarks, that “ Courts of equity do not restrict themselves by the same rigid rules as courts of law
From the view which we have taken of the first assignment contained in the petition of appeal, and from-the conclusion to which we have been lead, we deem it unnecessary to investigate the other ground alleged for a reversal of the decree of the Chancellor, which would involve a full discussion of the merits of the cause. As the case must necessarily be sent back for further proceedings, even were we to decide upon the merits, it is better-to reserve that investigation until there shall have been a full hearing upon the new trial to be granted.
. Let the decree of the Chancellor be reversed, with costs, and the case be remanded to the court below, with directions to reinstate and rehear the same as upon a new trial, ,;and otherwise to proceed in said cause in accordance with the views herein expressed.
Concurrence Opinion
delivered the following opinion :
I concur in the view taken’by the court in this case,'but think that they should have gone further and disposed - of it finally. There is no reason, so far as I can see, why the ease should not- be so disposed of. I see nothing to prevent a final decision on the merits in this court in the pre