Carter v. Couch

Decision Date25 May 1897
Docket Number549.
Citation84 F. 735
PartiesCARTER et al. v. COUCH.
CourtU.S. Court of Appeals — Fifth Circuit

This suit was commenced September 22, 1892, by S. E. Couch against Theodore H. Wood, in the district court of Crockett county Tex., in the ordinary form of trespass to try title, under the Texas statutes, to recover 15 sections of land in Crockett county, with an additional count to remove a cloud alleged to be cast upon the title by the assertion of some claim of title by the defendant. The case was removed to the circuit court for the Western district of Texas by the defendant, who filed therein an answer, amended answer, and cross bill. He died pending the suit, and the cause was revived in the name of his daughter and sole heir at law Clara A. Carter, joined by her husband, S.D. Carter. Thereafter the plaintiff, by way of repleader, filed an original bill of complaint in equity. Various other pleadings were filed in the progress of the cause, and after a trial on the merits a decree was rendered on April 1, 1896, in favor of the plaintiff, for the lands in controversy, quieting his title, and affording other relief. From the pleadings and the evidence the following facts appear:

From 1868 to 1872 the defendant Theodore H. Wood was agent and treasurer of the Peterborough Railroad Company, in New Hampshire, and as such gave bond in the sum of $15,000, with Josiah G. Graves and William W. Bailey as sureties. For his services he presented a bill to the company for $4,200 which was approved by the president and other officers; and he thereupon, with their consent, paid that amount to himself. On April 15, 1879, Wood procured a discharge in bankruptcy, in the district court of the United States for the district of New Hampshire. Thereafter, and in 1882, the Peterborough Railroad Company brought a suit on Wood's bond in the supreme court of New Hampshire for the county of Hillsboro; and, although his discharge in bankruptcy was set up as a defense, a judgment was recovered against him and his sureties for $6,000. It was paid by his bondsmen, Graves and Bailey, who subsequently caused him to be indicted in New Hampshire for embezzling the $4,200 which he had paid to himself as treasurer of the railroad company. They caused him to be arrested in Massachusetts, carried on a warrant of extradition to New Hampshire, and there incarcerated. On June 19, 1882, while still in custody, on the request of his bondsmen he executed to one Frank A. McKean, as trustee, a deed to the Texas lands in controversy, whereupon he was released, and no further proceedings were had against him under the indictment.

At that time Crockett county, Tex., in which the lands were situated was unorganized, and the deed was filed June 30, 1882, for record, in Tom Green county, to which, complainant claims Crockett county was then attached for registration purposes. Subsequently Crockett county seems to have been attached for registration purposes to Val Verde county, and on May 7, 1889, McKean caused his deed to be there filed for record. Soon after Wood's release from imprisonment under the indictment, he brought a suit in Suffolk county, Mass.,...

To continue reading

Request your trial
4 cases
  • United States v. McBride
    • United States
    • U.S. District Court — Southern District of Texas
    • April 29, 1983
    ...performing under it, or affirmatively acknowledging it. See Gallon v. Lloyd-Thomas Company, 264 F.2d 821 (8th Cir.1959); Carter v. Couch, 84 F. 735 (5th Cir.1897); (deed to Texas lands made to discharge indebtedness, under duress of imprisonment, was ratified when donor delayed ten years be......
  • Gorringe v. Read
    • United States
    • Utah Supreme Court
    • January 7, 1901
    ...v. Cralle, 8 B. Mon. 11; Hatter v. Greenlee, 1 Porter 222; Russell v. Durham,--Ky.--; 29 S.W. 635; Plant v. Gunn, 2 Woods 372; Carter v. Couch, 84 F. 735; 1 Devlin on (2 Ed.), secs. 81, 82; 6 Am. and Eng. Ency. of Law, p. 69; 10 Am. and Eng. Ency. of Law (2 Ed.), pp. 321-327; Story on Cont.......
  • Carroll v. Fetty
    • United States
    • West Virginia Supreme Court
    • March 23, 1939
    ... ... 682. Whether duress exists in ... a particular transaction presents a question of fact for the ... jury. Bank of Clinchburg v. Carter, 101 W.Va. 669, ... 133 S.E. 370; 1 Black, Rescission and Cancellation (2d Ed.), ... sec. 221, note 18. What constitutes duress depends upon the ... [2 S.E.2d 525] ... obtained by duress is voidable. A few cases are ... representative. Carter v. Couch, 5 Cir., 84 F. 735, ... 28 C.C.A. 520; Clement v. Buckley Mercantile Co., ... 172 Mich. 243, 137 N.W. 657; Doolittle & Chamberlain v ... ...
  • Duffy v. Jarvis
    • United States
    • U.S. District Court — Eastern District of Tennessee
    • February 2, 1898

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT