, 1874-06-25
HUGHES VS.. WASHINGTON.
Interesting Decision Of the S1-
preme Court.
The Title to a Largo Amount Of Val
uablo Property Involved.
A Decision in Favor Of the
Appellant.


ur,n f,11,.rt,r In TIM to~t of lin nnirfnn nf t1e
"uo AoAto"'n6 10 tuo so~' ~ ~ ~ Wv
suprcme Court In tho casc Of IT, II. d. Hughes,
suuelluut agatust Il, B, Washington ct al ,involy-
Ing the title to largo traet OF lana, ana also
eume interesting points on tho duties md powers
~ ~ n."n,,.,s !,ho oni,,,nn H. ,v,;t to hv s1r
u Au eAecutof' Aao ofA'41o4 - "A4s'on ~ 1AA'
Justice Craig:
This vae bill In chnnccry t>tel in tho Circuit Court
If Cook Unnty by Ntcllar,l H. Washington oxec,llor
f IT. ass ct 10 ss usa ges
s1as a aq osk as saa t. xss 0 title TO
The cause was heard oil BILL Aliswcr, replication,
md proofs, and docrco was rendered tor complain
briigs lhc case horo BY appeal tho other defendants
hnyina corromised with tho conplalnauts since tic
tenon a a ,hs , esEss ae,, ,n,en III, ,,o n,,e,
have bcon consdcrc together nB one cnso tho Balne
evidence having bcen Introduced In each. and QUO
intcndel for both cascs
THE FACTS.
In 1850 John A. Washlpgton; OF Vfrgtuia,
purchased certain real cstaso iii Cook Cultnty
tonsisng Of four tracts nn,l designated in this cnH
the KnEsbury tract the We.ter traut, the 10-acre
iract aud thc undivided half Of &c., II.
To litigation tn this cuso has grown out Of tho con-
roctlon o{ Hughes with theso fauus ainco tho pur-
In November. 1aeo ono Ogden recovered a tufg-
mcnt IN tho unitcl States Circuit Court for tho North
er,l District uf Ilinoia Of $1G,ISl nganHt John A.
Washington mud william r Turner for Il, insallment
duo 1ll,in iand purchase made by Washington nnd
Turner Of Ogden. An appeal viii taken from ,hia
jutlHnGu4 tie supreme Court or the UHitru StHrS
Gughrs lad been eiged in lis Circuit Court as one
Of the attorneys Of Warrington aud Turner. In Sep
tetnber. 1861 Washtngton who was then Colonel u
Washington had given Hughes power Of attorney to
sun tic Cook County lands, and 1t seem, from the
oyicuco that owing to the then troubled condition Of
tic country s waB exceedingly anxious to mako salo
- D'' ~'~A 0: rnE xlNospunr 1nacr '' ""~t''
as iucumbcret by Of trunt COO duo Dlehop
OIlegan tluu Sept a. 1867 with 10 per cent interest,"
The undivided half Of Sec d was Aso lucmbcrcd by
becn1no le on the a4h of February, 1904 Tie other
trnots wers clear At the time Washington dict there
10 IswSsn ss. nis Tss
1s M s I aescS ana Ta9s. ns On
ion and Turner to tho Supreme Court Of thu Uned
Stairs was pending md Hughes Washiugton's agent,
Ind IN his hands no ,nsa's TO ay tases Or the es
prosecuted to succcssfnl Termination.
uaaer those circumstances
fur the PURPOSE Of oaeuting some arrangement with
the executor Of tic estate Of Co.. Washington tn
the GG0a 1G1ny nni sp ths u s
With ohaa Washington. sole execution Ut the csiate Of
John A. Washington, docoased, and It'll Wn. r Tur-
ner hs result u which WIS writton conract was made
between Hughes a.ld the executor TINT Hughes should
at his own coats and cxponse the suit pend
M IL tho sna as Se
otlerwlse and fp caae tie Judgment should bo affirm
cd, then Hughes was to recese nothing. Int III case
H.
Turner relieved from tho sn11e 4hpn Uughes VIVA to
have ono-third OF the proceeds Of the Cook County
H. ~ s On If liz
lands as ha might elect, Turner also owned certain
lands III Cook County, aud hs h!s part agreed With
Hughes to convey une -tlurd thereof oil ukn terms
dbl lie executor in tho oyont TINT ho reaysd Of
ho Judgment.
a. 'A' 1''''l' '''.1s MOTHER CONTRACT
wna made between ths executor and Hughes, BY which
Hughes by which Hughes was to take Charge Of and
to discharge the iscumbrances, ho 10 my ta
and tuks general management aud control Of The
property. For his services in this respect
Gu1bcn was to have onc-fourth of
the proceeds Of the salcs Of tle ineumbered
ut,om It; in case be udyaaced money to pay ta1es or
discharge incumbrRnces this was to DO refunded out
nj Tho procecls Ut sas with 10 por cout interest.
After The execution of these agreements. hughes re-
turned to Chicago and employed two ointment nttor-
neys-one II ohicago and tho other III washingtonmto
cas,se was heard, md h decision rendered reversing
dc Judgment md relieving tho Washington ostn0
and Turner entirely from tile payment, not only Of tha
duson s tho contract uron Which tho Judgment hai
been rendered.
On the TRIAL Of the ca!sc tho Circuit Court deSrsea
ae " " ha tsessas ea
o by htm aI,ancod il dsionding against lis ogden
Judgment This was dono on the ground that tho
EXECUTOR had no power 10 nuke ths contract. This
brings M to confederation Of
THE POWERS OF THE EXECUTOR
under the will Of John 4. Warrington, deecaBed.
Thu fourth CLAUSE of ths w!n i =, Hs H.. follows
Wfiam I. Alexander, ana i. O. Turner, executors of
this my Inst will aud testanen and hereby empower
diem, or the successor Of them, TO sell
Fny property Of which may die pozseased and which
M bcyond the limits Of Virginia, in such manner and
on terma and for such price aa to tholn or lin
IeinyeM the proceeds arising from such sas IN such
HIN n