4 Rand. 95 | Va. Ct. App. | 1826
delivered the opinion of the Court.
The first objection in order, to a decree in behalf of the appellants, is, to the jurisdiction of the Court. The bill makes out a ease for a specific execution of an award, but prays for neither special nor general relief; as to which, no objection is taken by the appellees. They answer generally the allegations of the bill, and submit themselves to the decree of the Court, on the merits of the complaint. Whether, upon a demurrer to the bill, it would have been sustained, it is not necessary to decide. A submission to an award, is an agreement between the parties to it., to abide by and perform it in every particular; and the mutual submission of the matter in controversy, is a valid consideration for such agreement. If either party refuses to comply with the terms of it, and there is adequate remedy at law, a Court of Equity will not interfere; but as in the case of other agreements, if that remedy be inadequate, neither upon reason nor authority, does there seem to be any objec
The next objection is, to the validity of the award; first, because it comprehends the interests of persons riot parties to the submission; and, secondly, because the arbitrators have mistaken the law of the case submitted to them. I pass over the objection to the conduct of the arbitrators, as regards the counsel of one of the defendants; because, upon the evidence, there is nothing in it affecting the merits of the award. Nor does it appear that the defendant, Susanna Smith, was misled or deceived, when she signed the submission. She may have signed it with reluctance, but with a full knowledge of its object.
As to the validity of the award, the parties to the submission claimed their equal share in the property in controversy, with other distributees of Thomas Smith, the testator. They were competent to submit their claim to arbitration. Those who signed the submission, were alone to be bound by it; and in deciding on their interests, the rights of others were not to be affected. If the decision of the arbitrators was against them, they were bound by it; if against the defendants, who claimed the property, they were also bound.
That an award as to the title to personal estate, settles the rights of the parties controverting it, the cases abundantly shew. 2 Levinz, 104. 2 Esp. Rep. 25, and the cases cited in 2 Vin. Abr. “ L.” pl. 40, note 4.
We are of opinion, therefore, that the Court of Chancery erred in dismissing the bill, and not affording to the plaintiffs an opportunity to amend it, to ascertain the extent of their rights, by shewing how many of the representatives of Thomas Smith, would have been entitled, under the award, had they signed the submission, and thereby establish the extent of their own interest in the subject, under the award.
The decree is therefore reversed, and the following decree is to be entered:
The Court is of opinion, that the award in the proceedings mentioned, is valid and sufficiently certain, and that a Court of Equity hath jurisdiction to carry it into effect, by decreeing a portion of the slaves in question, in kind,
Judge Co alter absent.