Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1843-06-08

Tyler, on the ground that il was glveI
for 10 valuable consideration, and iha
the only consideration, If any, was ihs
Tyler had engaged in some law suit 70
Lighifoot and alleged that Lighlfoot's q
greement to dismiss his bill on account o
the guardianship, was founded on the
same consideration; and they pray thai
the bond may be canceled; and that Is
lar may be decreed to settle the guardian.
ship accounts or his fat er and 10 ay the
balance.
Christian. the ex'or Of Lig # 'ot, in
his answer, seems to take neutral ground
as to the validity of the bond for $500.
Tyler, in his answer, says, that Light
foot had conveyed his whole estate IN
trus, to John Minge and George Blakcy--
that he was left w,tuou, house and home
tina. he begged Tyler 10 ossis, him with
his servi.es-that he Offered HIM $4,000
il he wouli do so-that Tyler agre, d to
do so for $500 to be applied to the ex.
,nguisbment Of the debt which he, as
ex'or of Judge Tyler, owed Lightfoot on
the guardianship account. Nhereupon
Lighifoot gave him his bond for that
sum; and this vas the consider ton
of the bond. Tha, Tyl consider.
ed himself bound thereby to act 10 Light
foot's stead in r,f'rence to the import n,
interests embraced by the two deeds of
trust to BIakey and Minge--t' attend ii
Their 10 person or by another to all suits
that nigh, arise either out Of the said
deeds, or in any other way grow up IN
the Courts between said Lightfoot and o.
thers-aud 10 magnify the value Of this
agency, he alleges, inter ala, THAT
LIGHTFooT WAS MAN OF WEAK IN
TELLECT--REoUIRING AN AGENT AND
CONSTANT ADVISER OF ALL TRANSACTIONS
OF IMPORTANCE. WHICH LED HIM Gas tcas
the factl TO CONSULT TYLER ALMOST Ev.
DURING THE wEEK;-that he assisted
Lightfoot to resist the claims of Blakey
and Minge, under the deeds OF trust he
had executed TO them, and TO extricate
him from the embarr .ssments which these
deeds involved him in--though he ac-
knowledges that those d, eds were po
nounced by this court void only as to cree
ditors; tina, is, fair as between the pa ties:
but this decree, he imputes as compro-
mise between Blsk"y and Mlnge and
Lightfooi's widow; and he refers 10 the
record Of the case Of Mlnge VS.. Chris
ian in this court, which. therefore is TO
he considered MS an exhibit IN this cause.
For the Plaintiffs, insist thu, the bond
for $500 shall be declared nun and void;
and that Tyler be dcreed 10 render an
accoun, OF his testaior's guardianship OF
Light Of, and 10 pay the balance that
may be found due Their on.
I. The consideration in which Tyler
alleges the bond was founded, if not
merely colorado, WAS palpably and gross
" ina iequatr; and the bond being obtain.
ed from man whom Tyl"r, according
to his own showing knew to be man
of week intellect, requiring a constant
adviser 10 all cases If Importance, inai-
equacy Of consideration i, Of itself pr. lof
that the bond was obtained BY imposition
on Ltghttoot's ioeakness and toty.-l
Fonl. Eq. ll6-lIS.
Ii. Even Of this consid'ra,iJn, though
ii be alleged in Tyler's answer, he has
Offered no proof. The contract rests for
evidence OH the affirmative allegations Of
the answer.
Ill. Tyler never rendered any ser.
vice 10 Light'opt oil any kind. H. al
leges some service: he shows no proof Of
any.
He speaks Of bis ess,ing the claims
of Mr.. Minge and Mr.. Blakey, the trus-
tees, 10 whom Lightfnot bad conveyed
his property-anj he refers u the record
of Minge and Christian. Here it ep,
pears from that record, that Tyler's
whole agency was directed to the reco-
very Of tn amount of L'ghtfool's bond 10
himself, and the deeds executed TO those
trustees were intended solely 10 protect
Liehtfoot and his property from plumber.
w. insist. lastly, tha, Mr.. Tyler's
method Of settling his fa,h'r's guardians
account, and paying his debt TO his ward,
is Dhoik inadmissable aad fraudulent,
and can receive no count nance from a
Cour, Of Equity.
And here follows the decree Of the
High Court Of Chancery, by which IL
will be seen whether or not, he was pr.