Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-31

the slaves belonged To them, and theY
needed their services TO get wood, make
fires, etc.
Soon iheresfera compromise was en-
tered into between the father and bis
daughters above mentioned aud Caroline
Sueed, and which was intended by them IS
final settlement Of all the matters in con-
troversy between them By the terms Of
the compromise, the children OF Nancy c.
Sneed we're 10 have all the slaves in con-
troversy, except the youngest girl Fanny,
which was 10 be delivered mp by them to
the father, and be his during his life, and
at bis death TO 60 to his wite's children.
The father also sgreed to deliver up all the
household furniture that came BY his wife,
and was 20 remain ia the peaceable posses
sion Of the balance Of his property; this
agreement was reduced to writing, and
signed by all the parties TO II, except Caro-
line ssneed--she was, however, an active
participant in efiecting the compromise,
and urged the settlement of che difficulties,
lawsuit and 81, upon Che ground they were
disgraceful % the family; there was no
agreement TO dismiss the suit, and this was
All that was said about it. So far As We
can see, the terms Of the agreement were
strictly and in good faith complied With
on the part Of the contracting parties,
and The question nov Is, what effect
is to be given % an agreement aud settle
ment entered into by the married women
concerning their rights then IN litigation.
They certainly had the power TO receive
the slaves in litigation, and upon their de-
livery to either Of the parties entitled,
based upon the rights Of al the parties,
such delivery and possession discharged
the father from further liability as to them,
and Injured 10 the benefit of all the parties
ia interest This was family settlement
concerning property and rights in litiga-
ton. Such settlements, when made with
ont fraud, are favored by the law, and
should be upheld and encouraged By the
courts, wlfen il can be done without a clear
violation Of some established rnle of law.
"A a general rule, married woman is
incapable Of contracting, or Of binding her
self or her husband. Here was n litigation
pending between the father and the chill
dren, growing ont Of differences of opinion
as to their rights under the will In con-
sequence Of the war, the courts we're sus.
pended in some localities. The children,
by force, take the property into their own
/ possession, after which the compromise
was entered into, which, the witness says,
was intended as a final settlement of all
matters in controversy between them, and
by which the father agreed to surrender
to the children not only the slaves IN cen
| troyersy, but also all the household furni-
| ture which he had acquired by his wife,
and, in accordance with this compromise,
/ thu father did deliver to the daughters the
I G..,. e..o-,s1 ov,1 fhr
/ Ceived by them; and, from all we can see in
| the record, the same remains III their pos
| session mp to this time-indeed, il is not
| pretended alch is not the fact There is no
! pretence in this record that either fthe par
! ties to that settlement have ever returned or
! offered to return to the father any portion
| of the property received by them under the
compromise, or that either the Jenes corert
! or their husbands, or Carolina Sneed, have
| ever in any manner disaffirmed it, unless
we take the continued prosecution of this
suit as an act Of disaflirmance, that of itself
| is not sufficient. C5rerfure like infancy.
cannot at the same time be u5ed in the ca
| pacity OF both a shield and sword. A
! teme c5rsrt may be guilty of fraud, in co J.
sequence of which she would be repealed
from the courts. In this case the slaves
we're claimed in right Of the fsmss cOrert,
| who without fraud, advantages, or under
influence, after mature deliberation, under
| the advice Of counsel, and apparently with
a full understanding Of all the rights, and
a correct appreciation of the perils OF the
| lawsuit in which they were engaged, vol
unfairly entered into compromise with
their father for the purpose of settling q
family controversy, and terminating liti-
CATION which at least one Of them felt
was disgraceful 10 the family. They
have received according to its terms the
benefit of that compromise.
We are of the opinion courts Of equity
at least should be slow to disturb the sane
tity and validity of snch contracts, made
under such circumstances. And in thi
case we are constrained to hold that thu
husbands having failed in any manner I,
disafiirm the contract entered into by theil
| wives, have affirmed the same, and il ha
thereby become binding upon all the par
ties thereto.
Complainants Lamb and wife, neither O
whom were parties to the compromise, arG
entitled under this bill to an account fol
the hire of the slaves from the death o
Nancy C. Sneed, until possession thereo
was surrendered TO Mrs. Patty and others il
1868, with interest also, TO an account fo
the excess which came into the hands q
the husband. John j. Sneed, under sail
clause in the will OF Abraham Overall owe
and above the prices paid for said slaves
with interest, and are entitled to a deere,
against John ] Sneed for one diatributiy,
share of the same. BY their bill they havl
elected 20 take the property purchases
a. a. ls.-b to- aapffflaf
after the death Of their mother, in lien O
the fund. This they had clear right {
do. and the hill is drawn above with thi
, | view, except as to the excess above men
toned aud Notwithstanding the slaves, &
recover which this suit was brought, hay
been emancipated and have ceased 90 b
property Under the pleadings in thi
cause, the compliments are not entitledt
: abandon their election, and ask Il decree q
2 the fund with which tlpe slaves were pnr
P | chased.
, Patty and wife. Wood and wife, Bolts an
/ ! wife, and Williams and wife, and CAROLYN
, | Sneed. are bound by the compromise, an
are therefore not entitled TO any decree.
As Thomas J. sneed, ir., is only befor
- the Court as a defendant, and not sCtivei
I seeking the aid Of the Court, aud inasmuc
r as il does not clearly appear whether j
4 was a party to The compromise or not, {
, whether he is entitled 20 recover ANYTHING
a no decree will be pronounced for him ]
e this cause, but the decree in this cause wi
2 not he held as an adjudication Of his RICH
e in any other suit he may hereafter hrinl
We are of the opinion upon the case {
r presented nv this record, that the gram
!. 1 children of Mrs. Sneed are not entitled !
! recover, and that the interest Of their Al
= cestors a. children Of Mrs Sneed in Ii
: fund passed to thepersonal representative
J. OF the children who have died but as the
!, are defendants, no decree will be pronouncs
4 in this cause totheirprejudice in any 9TH
a suit.
n A decree will be entered in coniOrmu
: with this opinio3, and the cause remand'
4 fer the purpose Of taking the account
!, directed. HAWKINS, Judge.
,s ---------=
a wEDLOCK IN MEMPHIS.
a The number Of marriage oertiGcat
Of issued in Memphis in 1866 was /, 077, al
Re the number OF those returned 500. III
L war. considering the situation and expeI
d enoe Of Memphis, had a less DISCOURAGE
le effect on matrimony than might be su
posed. The number Of marriages In lS6
"A | indicated by the number Of returned &C
| uFf s1srrf,,.s m fba fFsol