The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-04

Fauquier county, Virginia, where Slower lived.
and was secured by deed Of trust on iand Ia tnat
county. o0tn OF which were dellyerei 70 samuel
Cnilton by slower on the day Of their date. Tue
execution and delivery OF these 0OllgatlOps were
NJ month OF February at warrentown Va, by
Fetza and Slower OF long pending Irrigation IN ne
courts OF Virginia orig nally CONNIE ncea agalnst
Abraham Stover. the guardian OF Fretl's VIE.
and TO which Charles Slower mad succeeded as the
sole legatee ana deyisee OF Abraham. WITHIN
day or TWO alter the settlement Fretz lett Nlr-
GINA Tor his home Ia Bucks county, PennStlvanla,
leaving Cnllton, who had been ms attorney Ia
conducting TIN litigation, 70 receive TINS bona
and 10 nave th1 deed OF trast recorded. The War
OF the Rebellion ensued soon alter this settlements
and all communication ceased, ana indeed be-
came unlawful, between Pennsylvania and vr-
GINA. After the war had closed on In
qtmc hefors ths hona mstnrea and IN Satisfaction
OF Il. had paid 20 Chiffon Virginia bank notes ana
Confederate paper At their nomina or par value,
and got posse OF the bond or deed OF trust
Naturally, Frelz and wife were dissatisfied with
these proceedings, and In reputation OF them
they nled their oil In ehancery to set up The deed
OF trust and nave 1t enforced, on the ground that
Onilton had no authority 10 receive payment In
bin charges actual fraud between Chiffon and
S,over In this, that Slower. taking advantage OF
ChtltonS great pecuniary necessities, ln0uced
HIM to receive the paper at par in payment ana
discharge OF the bond.
Slower nled MS answer, admitting tne setucment
and execution OF the bond and deed OF trust and
the payment in Virginia bank notes ana Uonieder-
ate Treasury notes as charged, but denied that
and fraudulent combination between the respond
ent AMI Chiffon. He insists, however, that they
were IN law lull discharge and satisfaction OF
the debt and trust deed, but, this we're not so,
that TO the extent Of the compensation Que by
Fretz and wife to Cnilton for professional services
he should not be compelled TO pay a second
time. After this answer was MED the
planants, winch Is .he only evidence in the cause.
subsequently Charles Stover died, and bili Of re-
vlvor was filed 10 make Ralph Slower the sole
devIsee and legatee OF Charles Slower and also the
executor or his will party defendant. Ralph
Slower appeared and answered, admitting the
up new defences not made Ia the answer OF
Charles Slower TO the original bill On the hearing
tne bill was dismissed, and this appeal Is brought
TO revise that decree.
AT the outset OF this case we are met with the
objection that there Is no application IN the rec
ord; but this objection. on the authority OF Gle
ments vs.. Moore IS Wallace, $40, should have
been made in the Court below. Not having been
been waived. 1t would work great In
justice In this case to allow IL to
maniiestly the submission was not on bill and
swer for proofs were taEen and, II is TO be pre-
TO the contrary, that they were considered 0y the
Court In the disposition OF the cause so lar as
no formal replication was required ~ avoid LIS
effect as evidence In the cause.
Nothing could be brought into litigation by the
bill OF revivor besides the mere question whether
Ralph Stover was the executor Of the Will Of
Charles Slower and his legatee and devisee for
original suit before the answer was made TO IL.
(Story's Equity Pleadings, secrton 377.) The
new Qelences, therefore, ser up In answer 10 Lhe
bill oil revivor were not pertinent to IL, and
cannot be considered in the case. (Gunnell vs..
Bird. 10 Wallace, $685. We are brought, there
lore, directly TO the question whether the pay
ments by Charles Slower TO Samuel Chiffon were,
under the circumstances surrounding the parties,
OF any validity.
The decision Is that the instructions given TO
Chiffon by ms client were not applicable to state
OF war, and that his settlement Tor money current
In the Coniederacy was void, and that Slower
had no right TO discharge the debt in ANYTHING
but regal money OF the United states. Reversed.
Mr.. Justice Davis delivered the opinion OF the
Court