The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-02-19

No. 1882 BENJAMIN c. RIves e al Executors VS.. James
Weaver, Admir- a..
This was n bill filed by the appellee in
the District Chancery Court at Fulton,
against the appellants, as executors of
Reuben Moore, alleging in substance, that
in the year 1882, in the State of Tennes-
see. Sarah Robinson executed to one Lee
a Mortgage upon two slaves, Harriet and
Charlotte, to secure the payment of two
hundred dollars, money loaned-thatinth the
same year, Reuben Moore paid to Lee the |
sum of money, and took an assignment |
Of the mortgage, and about the same time |
married the daughter of Sarah Robinson
that in January, 1893, Moore gave up the |
mortgage to Sarah Robinson, who there |
upon executed to him bill of sale absO- |
lutte on its face, for the two slaves above |
mentioned, and another slave named Ma |
linda, the consideration of which was sta |
ted on its face to be love and affection for |
him. and the sum of two hundred dollars, |
which bill of sale, though absolute on its |
face is alleged. to have beenintended as a |
mortgage. That in the year 1888, or 1884, |
William A. Robinson, the son of Sarah
Robinson, had a settlement with Moore,
| and gave his note for the money due him
by Sarah Robinson in payment thereof,
and that Moore thus gave up the bill OF
| sale and surrendered the possession OF the
slaves to Sarah Robinson or to VIM. A.
| Robinson, on her behalf; that Sarah Rob
| inson afterwards made a will disposing of
| the slaves, but not to Moore, and that he
| obtained possession of the will, and still
| retains it that in 1894 Moore and Sarah
| Robinson removed from Tennessee to Pom
totoc, in this State, where they lived to-
| gether until the year 1886, when Sarah
| Robinson left him and removed to Yazoo
| County, where she resided until her death,
| in September, 1887. having in February,
| 1884, sent her son William A. Robinson,
with the slaves to that county, and they
| remained in her possession there until
her death; that after her death, Moore and
his wife removed to Yazoo County, and
lived with VIM. A. Robinson, until the
death of Mrs. Moore, in September, 1888,
and in 1899, that Moore got possession of
the slaves from VIM. A. Robinson, and
removed them to Tishomingo county,
where he has had them in possession ever
since, and has claimed title to them. The
appellee obtained letters ad colligendaa
from the Probate Court of Yazoo county,
on the estate of Sarah Robinson, at Sep
tember term. lS4S, and thereupon filed
this bill as administrator dd colhgendunl, al
leging that the bill of sale under which
Moore claims title was but a mortgage
that the debt secured by it has been fully
paid, and praying that it may be decreed
to be cancelled, and offering to redeem if
anything Is due, by paying principal and
interest. The answer denies the material
allegations of the bill, and claims title in
Moore to the slaves under the bill of sale,
and upon the hearing, decree was rem
dered for the appellee according to the
prayer of the bill from which the execu-
tors of Moore have taken this appeal
Several grounds of error are urged in
behalf of the appellants; but as one of
these grounds is decisive of the case in
our view, we deem it necessary to consider
that only. That objection is, that the
claim of the appellee, as it is presented by
, the record, is void for competency, and
cannot receive the sanction of Court OF
Equity. 1t appears by the record, that
in August 1913, Weaver, (who was a stran-
: ger to the estate of Sarah Robinson, and
I | not interested in it, in conjunction with
. | William A. Robinson received an assign,
! | ment from three of the four distributes ot
: Sarah Robinson of their shares of the es
tate, and in September, lS4S, that he OBJ
t tanned letters adcoHigendum upon the estate
! and brought an action of law in October
cessful and that after the filing of thii
n bill he obtained an assignment of the in
o terest of VIM. A. Robinson, in order t.
h have the benefit of his testimony, as
/ witness in this case. He stated before tn
n institution of the suit, that if he game,
g it, he would be greatly benefited, and
IS he lost 1t, that he would lose consider
d able sum of money, and that he was deeI
> ly interested in it.
A. 1t further appears, that Moore had ha
d possession of the slaves, claiming It'll,
n since 1889, and that in 1913, William
le Robinson, and Dorcas Robinson, two
Dt the distributes brought suit against hil
to to recover them-that Sarah Robinson
ne ! her life time had made a will leaving I'll
- slaves to be free, and it does not appes
ct that there were any debts against ht
iff which the slaves were required to pay
Under these circumstances ii must be pr
To Sumed that there were no creditors, an
that the administration was not necessar
IN to pay the debts of Sarah Robinson, ft
oh two of the distributes as far back as lS4'
IN had sued 10 recover the slaves. What the
was the necessity for the appointment
= an administrator? If there were no debt
-, and the slaves were not bequeathed as LEI
" acies. the distributes were competent
Z their own IltIiltSs but ~ AildO Npule
e there was a serious obstacle-the advers
- nossession of Moore would have been
~ bar to the action. 1t appears that the
y made an unsuccessful trial of that cause
1913. and no further effort appears to ha,
r been made to assert their claim or to di
in turb Moore's possession, until the appel,
of | acquired an interest in the slaves.
IL suit could be maintained by him in h
at own right, either separately or iointl
of with the other distributes, because. II
inf same objection would be encounter,
eel there, which stood in the way of suit
nd the distributes in their own names.
or Hence the necessity of taking out lette
sh- upon the estate, in order to obviate 4
objection of the statute of limitations.
he In view of the adverse possession
ION Moore for so great a length of time, al
the | of the unsuccessful effort of the distrit
nd tees to assert their title Weaver thoug
ant fit to purchase an interest in their disI
ing ted claim. He must have made the pl
lin chase with full knowledge that he COZ
l. never receive any benefit from it exec
53.) by litigation; and accordingly he INN
ect diatelv prepared for the controversy
an. becoming administrator ad colfqepd,,n
do He had purchased disputed title, a
.en- took the step which he thought wo,
wn. Slothe him with the authority to max,
available, and to obviate serious oh,
enc Gle. If the slaves were really the prope
der of Sarah Robinson, there being no del
the his letters were wholly unnecessary to
ac- sert the rights of the distributes
ted, they were very important to enable
per to realize the fruits of his speculation
the a disputed title, and they could have b
resorted to by him for no other purp
lany Being total stranger to the estate,
ty, 2 thought proper to engage in aspeculat