The New York herald., 1870-01-27
United STATES SUPREME COURT.
WASHINGTON, Jan. 90, 1870.

WASHINGTON Jan. 2G 1870.
No. 80. John e. Nea,e us. Benjamin J. Ne1le and
W.eAppeal from the Supreme court or the District
or Cotu,absa.-Thi was an action commenced by
son and his wife against the father and ather-inlaw
to compel the specific performance OF an alleged
contract for the conveyance OF lot OF ground the
city OF ashngton, the plaintiff claiming that IL
a consideration vi their inLermarrlace. lhe bill
alleged that Neae, Senior encouraged Slc marriage
aud Tor the promotion thereof promised
ana agreed rhat II the same should DC con-
summaled, he would, in consideration there
OF, "give and convey" the property claimed to
the son anc his wlie, or one OF them, lee SIMPLE.
Ito the end that the money belonging or expected to
belong" TO the bride might be expended III erecting
dwelling house thereon for tnelr habitation and
home.n The answer denied the allegations OF the
complaint, and alleged tnat the father, beng aware
of the incorporate habits OF his on and wishing To
secare 10 the daughterin-law ana her children Ger
tain moneys III the hands OF her GUARDIAN and satis
lied That II sucn moneys came into the possession OF
the soa and were invested In his business ln which
jeopardy. agreed that house might be erected
on Inc premises, provided MS son would
abandon his marital right to them, TO which
the son asscnted. and entered into the posses
sion OF the premises, but subsequently violated
his agreement by reducing the moneys TO possession
suited In favor OF tue plantrs below, and the de-
ledant there brings the case here, contendlng that
tae peadlngs ana evidence did not warrant the de-
cree. The theory o the appellant IL that, admittinR
tne existence OF contract IA the case still It's gpecf
nc performance cannot be decreed, because the
terms OF The promise are not clearly established.
w. ID. Davdge ana p. Philips Tor appellants; Ken
nedy ana Webb for appelees.
NO. 232 Setttpte EIett, Administrator. u.s. James
s. WNkfns--ErTOr to the Circuit court for me
western District Of zennessee.--The question pre-
sented IN ,his case Is whether voluntary pay to
foreign administrator erectuay discharges the
home debtor. One Qudries was dOlnclied and died
IN Alabama GOodaw was there appointed admins
traitor, and as snch went TO Memphis Tenn and dc.
manded or Wilkins, as surviving partner OF MS Erm,
deposits which Quarles, IN mis- lifetime, had made
with them as bankers. Tue money was paid over
accordingly. subsequently Elicit. who was next
OF KIN, q resident Of tue state Of Virginia came
to Memphis and there qualiled as administrator
anu brought this action TO recover Of Wilkins
the amount Of the deposits delivered to Go0dIaw.
The court below, under the statute OF Tennessee,
intended 10 retain the judicial supervision OF the
State over the estates OF deceased persons therein
gave Judgment Tor the local administrator. The
case Is brought here by Wilkins, VINO contends that
the law OF England and America, as expOunded by
the Court is that all debts follow person. not OF
the debtor IN respect 10 the right OF property but OF
the creditor 10 whom II IL DUE and tnat c0nse-
quenty every debt, whether due by note bill, bond
or upon account, ~ due at the creditors dOmicie.
Elicit, ls submitted, IS not creditor, but simply
next o Kin, whose dlStributlve share must be deter
mined by the laws Of Alabama, and any assets col
lected under an auxiliary administration In Ten-
ncssee should De sent to Alabama for final dstrbu-
tion. Submitted on printed points. Humes Poston
for plafntn, d. X. McRae for defendant John l..
Snowber samuel J. Beck and Edward s. Phelps, OF
Montana, were admitted to the bar.