Joseph Parker Camp v. Kate Willard Boyd

• Citation: 33 S.Ct. 785,229 U.S. 530,57 L.Ed. 1317
• Decision Date: 09 June 1913
• Docket Number: No. 71,71
• Parties: JOSEPH PARKER CAMP, Appt., v. KATE WILLARD BOYD, Henry K. Willard, and George E. Howe, Devisees in Trust under the Last Will of Caleb C. Willard, Deceased
• Court: United States Supreme Court

229 U.S. 530

33 S.Ct. 785

57 L.Ed. 1317

JOSEPH PARKER CAMP, Appt.,

v KATE WILLARD BOYD, Henry K. Willard, and George E. Howe, Devisees in Trust under the Last Will of Caleb C. Willard, Deceased.

No. 71.

Argued March 3 and 5, 1913.

Decided June 9, 1913.

Messrs. Hugh T. Taggart and William E. Ambrose for appellant.

Messrs. R. Ross Perry, William F. Mattingly, John B. Larner, and R. Ross Perry, Jr., for appellees.

Mr. Justice Pitney delivered the opinion of the court:

This is an appeal from a decree of the court of appeals of the District of Columbia, affirming a decree of the supreme court, establishing the title of the complainants (now appellees) to a lot of land in the city of Washington, and granting a perpetual injunction against the further prosecution of an action of ejectment that was brought by the appellant, Joseph Parker Camp, against Caleb C. Willard, the devisor of the complainants, to recover possession; and also enjoining Camp and all persons claiming under him from instituting any further proceedings at law or in equity for the possession of, or for asserting any claim to, the land. The cause was heard in the supreme court upon a demurrer to the bill of complaint, which was overruled (37 Wash. L. Rep. 14); and the defendant having elected to stand upon his demurrer, a final decree followed as of course. The decision of the court of appeals is reported, 35 App. D. C. 159.

Both parties claim under Samuel Blodget, Jr., who owned the property in the early days of the Federal Capital. The bill of complaint sets forth the full history of the title, with copies of the instruments of conveyance and other documents necessary to a complete under- standing of the controversy. All the facts hereinafter stated respecting the title are derived from the averments of the bill and from the documents filed with it and by reference made parts of it.

The property in question is described as—'Original lot numbered twenty, in square numbered two hundred and fifty-four, in the city of Washington, in the District of Columbia, as the same is laid down on the ground plan or map of said city.' This square is bounded by E and F streets, and by 13th and 14th streets, in the northwest section; lot No. 20 being on the southerly side of F street.

Under the act of Congress entitled—'An Act for Establishing the Temporary and Permanent Seat of the Government of the United States,' passed July 16, 1790 (1 Stat. at L. 130, chap. 28), three commissioners were appointed by President Washington, and they in the following year made a friendly agreement with the original landholders, which resulted in laying out the city in squares and streets, and the subdivision of the squares; and, in the year 1792, a partition of the lands was made between the original proprietors and the commissioners. In that division this lot was amongst those set off to the commissioners, and it, with some adjoining lots, was sold by them to Blodget in the same year. But no conveyance was made to him, and he therefore acquired only an equitable interest.

Blodget about that time organized a lottery under the sanction of the commissioners, and advertised it as done 'by the commissioners appointed to prepare the public buildings, etc., within the city of Washington, for the reception of Congress, and for the permanent residence after the year 1800.' It was announced as 'a lottery for the improvement of the Federal City.' It was stated that the sole design of the lottery was to facilitate other improvements together with the public buildings. The capital prize announced was—'One superb hotel, with baths, outhouses, etc., etc., to cost $50,000,' with cash prizes aggregating $300,000 in addition. The advertisement stated that 'the keys of the hotel, when complete, will be delivered to the fortunate possessor of the ticket drawn against its number,' and that '$100 will be given for the best plan of an elegant and convenient hotel or inn, with hot and cold baths, stable,' etc. The advertisement was subscribed, 'S. Blodget, Agent for the Affairs of the City.' Large sales of tickets having been made by Blodget, and by Colonel William Deakins, Jr., who appears to have been his partner in the scheme, and some time having elapsed without a drawing being made, the commissioners became uneasy because of their real or supposed responsibility for the prizes, whereupon Blodget and Deakins gave them a written declaration under seal, dated September 20, 1793, agreeing to indemnify the commissioners from all claims and demands by reason of any prize to be drawn. Afterwards, and at the request of the commissioners, Blodget, who appears to have been a large landowner in the District, made a mortgage or deed of trust, under date of January 28, 1794, to Thomas Johnson, Jr., and Thomas Peter, as trustees, for securing the payment of the prizes and for the indemnity of Thomas Johnson, David Steuart, and Daniel Carroll, the commissioners, their successors, etc. By the mortgage, Blodget transferred in fee to Thomas Johnson, Jr., and Thomas Peter—'all the lands and real estate and property of him, the said Samuel Blodget, situate and being within the territory of Columbia, with their . . . appurtenances, and all the estate, right, title, etc., in law and in equity' of Blodget therein. The defeasance clause provided that Blodget should 'pay all prizes and sums of money with which he is or may be chargeable, or for which he may be liable for or on account of the said lottery, and shall in all things save, indemnify, and keep harmless the said Thomas Johnson, David Steuart, and Daniel Carroll, their successors, etc., against all suits,' etc.

Thereafter, and in the year 1801, Blodget made three leases of as many several parcels of lot 20. The lot has a frontage of 51 feet, 11 inches, upon the southerly side of F street, and a depth of 159 feet running to an alley. One lease was dated April 13, 1801, and demised to James Daugherty the easterly portion of the whole lot, having a frontage of 20 feet upon the street, and running the full depth to the alley; the second lease was to Edward Frethy, dated April 14, 1801, and covered the westerly portion of the lot, having a frontage of 19 feet, 11 1/2 inches, and running of that width to the alley; the third lease, covering the intervening portion of the whole lot, having a frontage of 11 feet, 11 inches, on the street, and running the full depth, was dated April 15, 1801, and made to Edward Fennell. The Daugherty and Frethy leases were recorded within the year. The Fennell lease, for some reason, was not promptly acknowledged or recorded, and therefore a new lease was made by Blodget to Fennell, dated April 20, 1804, and recorded a few days later. These leases all ran for ninety-nine years from their respective dates in 1801, the terms, however, 'to be renewable forever.' They were sealed instruments, elaborate in form, signed and acknowledged by lessor and lessee in each instance, and recorded in the Land Records of the District of Columbia. A copy of the Daugherty leases is set forth in the margin. The Frethy lease was substantially like it. The Fennell lease of April 20, 1804, contained a recital of the previous lease to him and the failure to record it, and the making of the present instrument in the place of it; the demise then proceeded in substantially the same form as in the other leases.

The Daugherty lease reserved a yearly rent of $40 payable annually, with an option of purchase in fee at the price of $500; the Frethy lease was the same in these respects; the Fennell lease called for a rent of $24 per annum and a purchase price of $300. The leases were alike in that they provided for terms of ninety-nine years each, with a right of perpetual renewals; with right of re-entry by the lessor for forty days' default in payment of the rent, or distress, at his option; two of them provided that for sixty days' default in the payment of the rent the lessor might re-enter and terminate the lease; each lease contained an option for a purchase in fee at a price of which the annual rent was equivalent to eight per cent; each required the lessee to erect a dwelling house upon the premises during the year of the making of the lease. The Fennell lease differed in containing no provision for forfeiture of the term on nonpayment of the rent, and in some minor particulars.

In October, 1802, one Robert S. Bickley began suit against Samuel Blodget and others by bill in chancery in the circuit court for the District of Columbia, setting up the history of the above-mentioned lottery; the public advertisement of the scheme; that Bickley, in reliance upon the proposed plan, purchased a ticket; and that the sale and disposal of the tickets was intrusted wholly to Blodgett and to William Deakins, Jr., since deceased. The bill set out the making of the indemnity agreement of September 20, 1793, by Blodget and Deakins, and the making of the mortgage by Blodget on January 28, 1794, to Thomas Johnson, Jr. (since deceased), and Thomas Peter (still surviving), covering all the lands of Blodget within the territory of Columbia. That he, Bickley, drew as a prize the 'superb hotel with baths, outhouses, etc., etc. to cost $50,000' as offered and promised in the advertisement, plan, and scheme; 'that the said hotel has never been finished and the keys thereof delivered to your orator as by the said scheme and plan of the lottery he was assured and promised it should be.' That in the year 1798 he, Bickley, instituted a suit at law in the supreme court of the commonwealth of Pennsylvania, against Blodget, to recover damages by reason of his breach of undertaking; that this suit being at issue, and a jury impaneled to try the issue joined therein, it was mutually agreed between Bickley and Blodget, with the leave of the court, that the jury should be discharged from giving their verdict, and should be empowered to act as referees, to determine and order what...