Boddie v. Ward

• Decision Date: 04 June 1907
• Citation: 44 So. 105,151 Ala. 198
• Parties: BODDIE v. WARD ET AL.
• Court: Alabama Supreme Court

44 So. 105

151 Ala. 198

BODDIE v. WARD ET AL.

Supreme Court of Alabama

June 4, 1907

Appeal from Chancery Court, Jefferson County; A. H. Benners Chancellor.

Bill by John B. Boddie against William C. Ward and another. From a decree dismissing the bill for want of equity, complainant appeals. Affirmed.

This is a bill filed by John B. Boddie against William C. Ward and William H. Woodward. After making the usual averments as to ages and residences of the parties thereto, it is alleged that John B. Boddie, Sr., father of complainant, died on the 13th day of October, 1890, while a resident of the state of Alabama and of the county of Jefferson, leaving certain heirs therein named; that at the time of his death he was seised and possessed of a large estate of both real and personal property, and that on November 14, 1890, William C. Ward was appointed administrator of this estate; that on November 22 1890, Ward as such administrator filed his bill, removing the administration of the estate from the probate to the chancery court; that on August 9, 1892, upon petition filed by the administrator in the chancery court, the estate of said John B. Boddie was declared insolvent, of which proceeding complainant had no notice, being an infant at that time under the age of 14 years; that, while administering said estate the said Ward procured to be passed by the Legislature of Alabama an alleged act giving him power and authority to sell the property of said estate without order of court at public or private sale; that the act will be found in Acts 1890-91 at page 1335. It is alleged that said act is null and void and violative of the Constitution of the United States and of the state of Alabama, in that it deprived complainant of his property without due process of law, and that it was a special or local law enacted for the benefit of individuals or corporations in cases which can be and are provided for by the general laws of the state. It is further alleged that petitioner, at the request of Ward and on a petition prepared by Ward just after complainant was 18 years of age, had his disabilities of nonage removed by decree of the chancery court. It is alleged that this was done without the previous request of Ward made by complainant, and without complainant having expressed a desire of having his disabilities removed and that complainant did not understand in what manner the decree would affect his legal status, nor was it explained to him by Ward or any one else. It is further alleged that complainant executed at the solicitation of Ward a deed to Ward as such administrator, conveying to said Ward all the right, title, and interest to the estate of John B. Boddie, except the lands which had been set apart as exempt and as dower, and that he was joined in said deed to Ward by Jennie C. Boddie, widow of the said John Boddie, deceased. A copy of the deed is attached. It is alleged that complainant received no consideration for the deed, and that the same was obtained from him by means of undue influence exercised by Ward while complainant was unadvised of his rights, and while confidential relations of trustee and beneficiary existed between them by reason of Ward's administration on the estate of his deceased father. It is also alleged that he was at that time only 19 years of age, and that his disabilities of nonage had been removed. He was inexperienced in such matters, and did not know what his rights were, or what the legal effect of said deed had on his interest in the estate. It is alleged that he reposed great confidence, etc., in Ward. It is alleged that by virtue of this deed and under the act the land described in the bill was sold by Ward, and deeds executed by him to William H. Woodward for part of said land, and to Gustave Hoerle and Frances E. Hoerle, and that afterwards the Hoerles conveyed to Woodward their undivided interest in the described property. It is averred that Woodward cannot claim the protection of a bona fide purchaser for value, as the deed from complainant and Jennie C. Boddie constituted a link in the title and is expressly referred to in the deed from Ward to Woodward. It is alleged that a mortgage for $40,500 was paid off by Ward, the dower interest paid to Jennie C. Boddie, and the other money paid out on alleged debts or demands against the estate, and that complainant never received a cent. The deed which is made an exhibit is as follows: After reciting the history of the administration and the passing of the act and of the decree assigning dower and compensation in lieu of dower, and the desire that the administration of said estate shall be conducted with the least possible expense to the said estate and to assure the purchasers that they will buy a good and sufficient legal title thereto, and to enable the administrator to obtain the best possible price for the same in the market at private sale, recites as follows: "Now, therefore, we, Jennie C. Boddie, as heir at law of Mary C. Boddie, and John B. Boddie, Jr., in consideration of the premises and of the sum of $1 to us in hand paid by the said William C. Ward as administrator of the estate of John B. Boddie, deceased, do hereby grant, bargain, sell, and convey unto the said William C. Ward, as such administrator, and for the use and benefit of all persons interested in the estate of the said John B. Boddie, deceased, all the right, title, and interest of which the said John B. Boddie, deceased, died seised and possessed, save and excepting such land or lands heretofore set apart to the widow of the said John B. Boddie, deceased, and to the grantors herein as exemption, in and to all the land that belong to said Boddie and particularly to all the lands located and described as follows: [Here follows a description of the land]--together with all other lands belonging to the said estate in course of administration, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining. It is provided and it is the intention hereof that if, after the sale of all the real estate belonging to the estate of said John B. Boddie and the application of the...