Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-08


Col. 622. Wheat's law of nations 545 to
$50; Griswold VS.. Washington, 10 Johns,
81: Duer on Jus. 47s. Hoeack's Right
of Neutrals SS, cited in Wheat Int. Law,
555, $50, 557, n TIE: Act ca Congress,
July Is. 1861. Anderson and wife vs..
Bedford, 4 Cold. 463.
R. NJ. Barton, for respondent.
OPINION.
The Chancellor's decree declaring void
the power of attorney of Rachael Duncan
to Josiah Conley, of 10th November,
1860, and the power of attorney of Jno.
B. Duncan to Josiah Conley of 18th No
vember, 1860, and the deed of said Con-
ley as attorney in fact for the two above
named parties, to z. L. Burson, made
Goth June, 1853, is correct The facts
necessary to be noticed are, Richard and
John B. Duncan were the children of Jo-
seph and Molly Duncan, who, after
making q joint will, appointing defend
ant Jas. w. Duncan, executor, died. BY
the will, certain lands were devised to
their children, including Richard and
John B who lived in Iowa. At the
times mentioned above, the powers of at
torney were executed. Assuming to act
under these powers, Josiah Conley, as at
torney in fact, representing Rachael and
John B., Joined Others in the deed of 21st
June, 1868, to Burson conveying their in
terests in tract of land of about 1901
acres After this Rachael died, leaving
her husband and the heirs at law men
toned in the bill, who Joined in this suit
asking to have the deed, as to the two in
terests, declared void and the cloud re:
moved from the title. Josiah Conley re-
sided in Tennessee and is dead. The
tract of land is in Washington county,
Tenn. Rachael lived in Iowa to the time
of her death. John B. still lives there.
Without expressing an opinion as to
the validity or invalidity of the powers of
attorney, or of the deed as to the two in
terests of Jno.' B. and Rachael, as ap-
pearing upon TIER faces or from their ex-
ecution, but treating them as regular in
these respects we hold the deed void for
the reason that war existed at the time of
the making of the deed, in which the
States, of which the maker Of the DOW
ers of attorney and the attorney in fact,
were respectively residents and citizens,
were antagonistic. By Che general law a
state of war puts an end to all exscutory
contracts between the citizens of the diff
| ferent countries; whatever contract re-
mains then in teri is either suspended or
dissolved fuQrdnto 6elLO. 10, Johns 1873.
| The war between the States revoked the
powers of attorney from John B. and Rs-
chsel Duncan to Conley; therefore the
deed was without authority.
Defendant Burson, in his an
swer, asks that it be filed as a
cross bill, and ifhis title under the deed is
not good as to interests of John B. and
Rachael, he asks that the administrator of
Josiah Conley account for the money paid
to him on the purchase of the two inter-
ests. Without deciding whether he is
properly in court by his cross bill, we are
| of opinion the relief asked cannot be
| granted.
The pleadings and proof satisfy US that
the payment was in Confederate money.
Under the rule as declared by che Supreme
Court of the United States and by thi.
court during the present term, the de-
| PENDANT is not entitled to an account for
the money paid by him. The fact that
the Confederate States was government
de facto, or government of paramount
force, cannot affect the rights of citizen
of State at all times acknowledging the
government of the United States, and at
no time Interrupted in that acknowledge
ment by the Confederate government or
its armies, and while as between citizens
| of the States in secession, Confederate
money did have a value, this was not 50
as between citizens of what were called
the loyal States, nor as between citizens
on the one side of the loyal States, and
on the other of the seeding States, not
acting in sympathy with the cause of the
South, aud not trading upon terms OF
equality. During the civil war all com.
mercial intercourse with the enemy wa!
prohibited by the act of Congress of 1861,
Rev. Cases, &c; Pile Gases, POI. In {
state of war, the nations who are engaged
in it, and all their citizens and subjects,
are enemies to each other, hence ali inter
course or communication between them il
unlawful: IS How, 10. The tenor snt
meaning of the decisions of this cour
since its reorganization, are that TIM
States of the Union at war with eacl
other, were in that war as separate and
distinct nations, and the citizens of eaci
enemies of the other. 1t therefore fol
lows that their intercourse and communi
cation was unlawfui; and if citizens O
Iowa were forbidden by the laws of wa
or by the statutes of the general govern
ment of which they were citizens, Il
trade with citizen of Tennessee, for thu
same reason they could not so trad
through an agent or attorney in fact. AM
if before the war they constituted ali at.
torney, aud by the war the appointment
was revoked, the action of the attorney
in fact was nullity and communicated
no title to the vendee AT the time of tn
conveyance Conley, the attorney, an
BuIsOD, the purchaser from him, wer
bound to take notice of the existenct
of the war, and the political relation
of themselves and John B. snd Rachat
Duncan thereto, and it's legal effect:
Burson had actual notice of the Characie
in which 'onley assumed to act, no fac
was concealed from him. 1t results there
fore that the payment of the purchas
money by him to Conley was not for th
benefit of John and Rachel, but was i
legaIcontemplstiOn no more than d.
posit for his own use, he might hav
Withdrawn it at any time and if when dt
manded, CoDley have refused to return
he could have made him liable for it G
lis Value-faiing to do this and the GU
rency becoming valueless in the hands {
COnley, without appropriation by him t
his use, the loss falls upon Burson.
Affirm the decree.
A true copy. TURKEY, Judge.