86 Md. 249 | Md. | 1897
delivered the opinion of the Court.
On the sixth of April, 1888, John W. Royston filed his bill in the Circuit Court of Baltimore City against the same appellee against whom the bill in this case was filed by him and his committee. In the first bill he alleged his own imbecility and unfitness to attend to business ; that he could be easily influenced ; that, whilst in this condition of mind he had been induced to sell to the appellee certain valuable property for an insignificant sum; that another and the appellee combined and conspired to cheat him ; that they, through fraudulent statements and promises, induced him also to execute a deed to the appellee of all his contingent interests in the estates of his brothers and sisters which he would own in the event of their dying without issue. In the bill of 1888 Royston prayed that all these deeds might be set aside; that a receiver might be appointed to collect rents, &c. Answers were promptly filed by the appellee and his alleged co-conspirators, and in January, 1889, the plaintiff began to take testimony and continued at intervals until 15th July of the same year. None appeal's to have been taken on his behalf thereafter. The defendants took no testimony whatever. The next step taken under the bill of 1888 was a decree dated August 28, 1889, which was passed with the consent of all the parties, that the bill be dismissed. Presently, when we have occasion to consider the facts set forth in the bill in this case it will fully appear what induced or at least what is alleged to have induced the parties to take this course. The bill of 1888 having been
The bill in this case, which may be called the third of the series, and the second vain endeavor to avoid the binding force of the decree of 1889, was filed within a few months after the case in 75 Md. was decided. In the opinion in that case it is said that there was in the bill no allegation of fraud in obtaining the decree of 1889, and that without such allegation and proof, the decree must stand. Hence in the bill now before us, the allegation on which the appellant bases his claim to be again heard is that the decree of 1889 was obtained by means of certain threats made to the sister of Royston to have him arrested on the charge of forging
The conclusion we have reached is in no wise in conflict with the numerous authorities cited to show that a decree obtained by duress or fraud is void and will be set aside. But having once had the opportunity to make this defence, and having failed to do so or to give any valid reasons or excuse for such failure, the rule must in this, as it has been in all similar cases, be rigidly applied. The plea of res adjudicata must prevail and the decree of August 28, 1889, must stand.
We may add that this conclusion which we have arrived at upon a consideration of the pleadings is all the more satisfactory to us, because it brings us to the same conclusion reached by the learned Judge below on a full consideration of the facts—namely, that the bill must be dismissed.
Decree affirmed with costs.