Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-04-07

Tsey's Bxscstors Is. Smith.
This bill was filed by Dudley Talley, who died
afterwards, and the cause was revived tn the name
of his executors. The object of the bill is to set
aside bill of sale dated I'd of November, executed
by the said Taley to the defendant Smith, for
slaves upon the ground the execution of said bill
of sale was obtained by fraud and undue influence.
the chancellor gave decree for the complainants-
setting aside the bill of sale.
II appears that the bill of SALE with The notes for
the consideration of the slaves deed of trust upon
the slaves BY Smith to secure the payment Of the
notes. Dudley Talley's will and deed from Dud-
lev TaIley to his son Joseph for his and-were all
written by Smith at the house Of Dudley TaIey,
no one being present but the said Dudley, his wife
and said Smith After the papers were thus pre-
parad as is proved by Anderson Garden, an attest
ing witness-Smith called at the store of the wit
ness late in the evening and told him that Mr.. Taley
wished him to &C to his house. The witness went and
was in the house a. few minutes when smith beck
oned him to the door, and in low tone OF voice saIc
that Mr.. Talley wished him to step out for few
minutes which he did, and was out for some ten or
fifteen minutes when, Smith came to the door and
told him he could come in. When he entered into the
house. he found Talley propped up in the bed with
book upon his knees, whereupon Talley remarked
that what he was doing he wanted nothing said about
that his children were dissatisfied and he was doing
then what he thought was right by each. He then
signed two papers, the witness holding the candle
while he signed them. The witness then attested
them without at the time, knowing their contents,
the papers being folded in such manner that he
could not tell thar contents. There was nothing
said, so far as the witness remembered, between
Smith and Talley-after he got to the house-to the
effect that the latter desired him to get out but he
and DR.. Conway, the other attesting witness, went
out at the request of Smith, who stated it TO be the
wish of Talley leaving Smith and Mrs. Talley alone
with said Dudley. He did not remember seeing or
witnessing any notes at that time and thought there
was something going on that was not right Some
week or ten days after the execution of these wri
tings, Taley got the witness to examine box of
papers he had to see what was IN It, when he found
a will deed of trust and three notes, running one,
two and three years. The fourth paper Talley said
was a bill of sale which Smith was to have left
with him, and it was net there among his papers.
He then complained that Smith had not given his
notes for enough by some seven or eight hundred
dollars: The bill of sale and the will are in the
record and the former is attested by said Cardin
and DR.. Conway, and the latter by them and Smith.
The bill of sale is absolute and conveys an i'm
mediate estate with warranty and the will recites
that testatOr, for the purpose OF distributing his
property had resorted to the plan of selling the
same in his lifetime and dividing as he did the pro-
ceeds among his children after giving to his wife a
slave that came by her and her increase and certain
small articles of personal estate. DR.. Conway the
other attestiDg witness, who was at Gardens store
when Smith came for them. gives in substance the
same evidence as Garden, save that he and Garden
attested four papers-two at the request of Taley,
and two others at the request of both Talley and
Smith, and that they were asked to retire by Taley
or Smith The papers had all been arranged before he
and Garden arrived and those retained by Taey had
been signed by Smith, who acknowledged them.
He knew nothing of the contract between Talley and
Smith at the time he Sttested the papers, and was
surprised te see some two or three notes upon
Smith lying on the table, and which Smith handed
to Taley, and they were put in tin box. The wit
ness supposed that instead Of making will, the old
had n m Inman
had conversation with Smith about writing the
will with Dudley Talley, in which he said Joseph
Talley was about buying the land of Dudley-that
he was trying to get him to do sO-thought that 1t
was the best that could be done-that ne had
been trying to get Dudley to make the sale-that
Dudley Talley had become very much alarm
ed to his liability to pay security debt for Thorn
as Jones, and that Tally had great confidence in
him, (Smith, } and that he advised the old man to
sell his lund-that Jones likely TO fail-that he
was involved in the estate of William and James
Jones' and he had advised Talley to sell his land
negroes and divide the notes among his children du
ring his life, and that would prevent the creditors
of Jones from getting hold of anything except his
loose property and he asked the witness what he
thought of it, and then stated that he was going
| back in a few days to write Dudley Talley's will
| and if he could keep the old woman out of the
house he thought he could get it fixed that she
(meaning the wife of Talley,) was rather suspi
cious but he thought if he could keep her out Of
the house he could get the matter fixed to his no.
ton that he wanted to buy the negroes; that If be
could buy them at S2,75O or 81 500, he would buy
| them and he thought he could if he could keep
the old woman out of the house long enough to gel
a talk with the old man. 1t appears that some time
before the execution of the bill Of sale, at the
house of Taley. Smith attempted to buy two of the
slaves but Talley refused to sell them, and after
wards told Fox, witness, he never would separate
| his slaves while he lived. Smith afterward:
| met this witness and asked him if he heard from
4 Talley and he informed him that he had not. Wit
| ness then asked him if he had bought Talley's ne
groes. and he said no. Then witness said he did
4 not think he would. Smith then said, "Why, wha
1 makes you say so ~ The witness replied that h'
| heard Mr.. 7 alley say he would not sell them tina
| hs never intended to separate them while he lived
/ Smith then, under the asseyeration of an oath
/ said that he would work them out of him yet; tina
he had never undertaken anything but what he haC
| succeeded.
| 1t appears from the testimony of Dr.. Moore tina
he was called to see Dudley Talley on the 2sth o
August l853 and was from that time his physician
up TO his death, which occurred about ihe Esd o
| December, next thereafter-not two months aftel
the making of the bill of sale; that he was severely
affected with dropsy, and had been under treatmen
five months before his first visit; 78 years o
age and labored under great physical debility, no
being able to walk. His mind was tolerable gooC
for one of his age, though he manifestly in hi
dotage; that he was tapped in all nine times-5 be
fore and after the transaction with Smith, and 81
| gallons of water taken from him; that though hi
| mind and body seemed to improve with witness
first visits up to the sale TO Smith, yet afterward
the disease gained rapidly upon him till his death
be owned no other slaves but the T. save those tina
came with his wife and which be gave back to her
| and was much attached to them; anc we think il 4
established in this record that his general purpos
was not to give said slaves to his children for tn
reason that he did not wish to separste them, an
having II children they could pot be divided, bu
that he intended at the close of life to sell then
with an injunction against their separation, and di
| vide the proceeds among his children. There IS n
| evidence that he meant TO sell them under thei
| value, nor is there proof that he desired tha
| Smith should have them above any one elsC
| Whether Smith was in the habit of vsitin
Mr. Talley before he determined to effeC
! the purchase of these slaves, or whether h
did so after he had accomplished it, or how
gained the old mans confidence, does not appear
| He seems to have been without experience as tri
der while Smith possessed great art and shrewd
ness and it is evident practised for some time upO
the old man before he could give his assent to trad
with him.
And we cannot account for the sudden and dee
interest which Smith took in his affairs unless fC
the purpose of obtaining from him an advantageoI
bargain. 1t appears that Talley was one of the 3
curities of T. NJ. Jones, aa the administrator of
p Jones' but there is no proof that he had commi
ted any devastayit or that Talley had to nav or WI
likely to have to pay anything on this account NJ
does Smith in his answer pretend and such thing
seems that T. NJ. Jones, at Talley's request, in o
tOber, 1883, went to see him and assured him tn
there was no danger of his having to pay anythiI
, as surety for him, with which Taley was then 8
parently satisfied, and upon this Smith relies
show that Talley could not have been deceived
to this matter, and at the same time he denies tE
he said anything to him to alarm, or excite D
fears.
But we are satisfied he did, and that notwit
standing what I. n. Jones had said to him, Smi
was still enabled to, and did, for the purpose OF &c
ting him sell those slaves alarm him Dy mssrepr
sentations in relation to this suretysmP ana IN
these feais probably Influenced him 70 make u
. L IA l