Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-19

Clark. and the fftesn remaining on hsad, we're to
b. equally divi led between The brothers This was
about equal al least there is no compsint Of Il
on thai ground This agreement vas reecrted n
/ the referees snd their services were diasas d
/ -iih The old msn on being iaformea Of wha. had
been done rejoiced at 1t aud Precs eded to close
up all his business upon that bisis. He divided OUT
his cash mites equally between mis- sons ard CEN
plaiuauls, beng 81 O00 each, after setting apart
! 81 COO for the widow These were delivered avs r
| to the p4rties and complain snts went home wi h
their notes and slaves. lie also divided his remain
ing lauds to his SOUS, and died the mex. day. The
! hfieen slaves we're not removed she day Of fhe
division. bu: remained upOa he place No writing
was executed upon The d'Visian
These facts .pnot sffeet the question The title
was then in Hancock, lhs father aOd he sanction
ri and ratified the tivisIcn, and by that rCiGquish
ed his lille 10 the parties respectively before his
death: nor does his personal representative take
cepuons or claim Any Of the slaves as the proper
" # toe estate. Il is not for the complainant to
make ohiec icus on that ground, because taey took
and held possession Of he share allotted to them.
both as 10 TIE slaves and notes. No right had de
scendel to agy of then at that time the owner
still lived. But the possession may be regarded as
passing on that day the parties and the Saves
were all present, aad the fast that they were nos
removed before the deaih,cs make no difference 50
far the elmI lqinsnts are concerned II The adj
nhis,rator could possibly ske this question, which
y y
the and other reasons, the want # written
conveyance from the cid does uot isvalidate
tue agreements prevent ire psss ige OF the title
10 he parties under tho circumstances.
Something is iiin argument about he invaldity
of the oonseat or waiver Of her rights by complain
act, Alaninga. on account al her coVertule- She
had no rights to wave, none had vestel in her
by the death OF her father a. taat time, in he fifteen
slaves, nor had spe any 10 The hers ella mel sd
vaucemen's, f'r 10 then the mari-at gnt Of ker
husband had attached Aud egeo after the death,
the righs would have b. descent Ia personally
would be the ~. band's c0HlrO. suit CT only
TO the Wiie's eqlieble claim 10 settlement uatii
possession had heen obtained. OF the right lsEa ly
disposed Of b. him. Bus in this cass 10 rights ex-
sied IN any OF them 80 the fifteen slaves. and none
could or did pass fr one OF them % the other, but
only from the GWEer Il does not charge the nature
OF he traus .e;i0u. thu he called them others
into consultation aud chose 70 conform his aeiioa 10
their agreement, among themselves.
There Is no dOubt btl that compliments, as we'll
defendants, acted Upoa tue idea that BY the viii
they entitled 10 the rtmaiader ia the slAv,s
AID that it what they called ENABLED properly
There be doubt either bat that such was
honestly the opinion OF all concerned at that time
1t is very likely also that comPlainans would not
have agreed 10 the arrangement they did if hey had
not beiieved the Law uli compel hem &c d. But
there is just little dou equity and equality
have prevailed their strict legal right, an this
was urieatly desired by their father lie certsinly
had the UnqCesdonabe power, By gift vii, 10 |
have produced precisely the same result, AID we
cannot tell but wat be would have done If tAe /
parties themselves had not agreed to It Ga thai day.
By the arrangement The cOmplainant8 have only /
neen deprived OF legal advantage they possessed.
and might have retained, provided the old had ]
not taken the Instter into his own hands. in case
hey had refused. aud carried out his desire FOR /
quality By the exercise Of hs u1Ioub' ed power OF
disposition by gising the f. eel slaves his sons,
% make them cqual ~ith his laughter 10 tSe whole
Of he slaves in question
GA the l2lh Of JAY, 1917, when he four neigh
1Ors as before stated, for tae purpose Of max~
ag he division Of the slaves, wii;itg vas drawn
~ by Of them, Joseph Clark, binding all parties
. stand 40 their &c II The II stter under penal~
, Of IS 600. This Article was signed by g the par.
les, and ny it they agreed that they shonld value
IND equally divide mo three parts, all The slaves,
bat IS the fifteen hands, anu those then held, or
which hal been sold by the compliments As be-
ore ajed. thsse men DID MT perform the duy
signed them, but the parties agreed upon the dsis
ON themselves aud reported 10 them on the secoad
Jay. I3ta Of July, that toy had been able come
% al agreement among thrm selves, AM with that ]
hey were al satisfied, and referees thereby re-
lived from the duties imposed upon then in the
Vriiing
U1d r all these circumstances, should Court Of
7quity restore the compliments 20 their legal al
.ntaRe, on the question Ct GiyarcsDent aad inter-
ere Win the solemn agreement Of the par les, 10y
Ihich equality and justice were produced? We
hink Il u family settlement in which
be father the children, and their select nsighbors
lined in consultation, and delib rately agreed upon
erms of adjustment The compliments took The
eneft Of three thousand dollars sud an additional
lave urder l., aud should not n be heard 10 COM
lain. Il was doubtful question Ct Construction
pOa will, and it not improve settle il by
greement aud com promise, . a clss of uncertain
Y about which honest differences OF opiuisR exist
d. There ives no unfair advantage taken or impo-
tiOn practiced. If the complainanis were mista-
en-, as TO their strict rignts, it was mistake of
~ on question OF very doubtful solution Ii they
cted upon their own judgement or the reported
piEion Ct hers, without fraud or misrePTeselts-
on, We think they did they mast abide b. their
OniraCt and agreement. There is nO.hing in he
as 10 move court Ct conscience TO relieve then.
his view avoids the necessity Of noticing any /
her questions mads in argument, AMI sets aside a
Re account with the exceptions.
The decree viii be reversed upon this ground,
re adjustment Of their rights m4de the 18th Of
ly, 1855 will stlni, and the accounts taken, AID
ls estate finally settled on that basis
CARUTHERs.
A correct copy, ;. CLARK, Clerk