Chamblee v. Broughton

• Decision Date: 27 April 1897
• Citation: 27 S.E. 111,120 N.C. 170
• Court: North Carolina Supreme Court
• Parties: CHAMBLEE et al. v. BROUGHTON et al.

27 S.E. 111

120 N.C. 170

CHAMBLEE et al.

v.BROUGHTON et al.

Supreme Court of North Carolina.

April 27, 1897.

Devise of Life Estate—Rule in Shelley's Case —Construction of Will—Deed as Evidence— Insanity of Mortgagor—Collateral Attack on Foreclosure Decree — Bona Fide Purchaser.

1. Under the rule in Shelley's Case, a devise to a person "during his natural life, and at his death to his bodily heirs, " confers on him a fee-simple estate.

2. A deed executed by testator several years before the execution of the will,-and having no connection therewith, is not admissible to explain its terms.

3. Evidence that, at the time foreclosure proceedings were commenced, the mortgagor was in poor health, and could not attend to ordinary business, and occasionally had fits and spasms, and had been declared an inebriate, is insufficient to go to the jury on the issue of insanity.

4. A judgment of foreclosure rendered against the mortgagor in a suit in which the question of his insanity was not raised cannot be collaterally impeached on the ground of his insanity.

5. A bona fide purchaser at a foreclosure sale without notice that the mortgagor, against whom the judgment was rendered, was insane, will be protected, though the judgment is set aside on the ground of such insanity.

Appeal from superior court, Wake county; Boykin, Judge.

Action by W. R. Chamblee and others against W. H. Broughton and others. There was a judgment for defendant Broughton, and plaintiffs appeal. Affirmed.

Plaintiffs put in evidence the will of Ray-ford Chamblee, annexed to the complaint, and admitted in the answer. Plaintiffs offered in evidence a deed from Rayford Chamblee, father of B. D. Chamblee, to Elvira Richardson, the daughter referred to in the will; said deed bearing date February 18, 1859, and registered. The deed was offered as evidence to show the intent of the testator in the use of the words "fee simple, " "heirs of his body, " and "during the natural life, " occurring in the will. Defendants objected. Objection sustained. Plaintiffs excepted. Plaintiffs then offered in evidence the answer of defendants and the report of the commissioners in the case of Boylan against Chamblee, and, upon suggestion by defendants that the whole record be put in, the entire record in said case was offered in evidence by plaintiffs. Plaintiffs introduced W. H. Chamblee, who testified: "I am the brother-in-law of B. D. Chamblee. I know him and the land he lives on. It contains about 367 acres; half of it timbered, oak and long-leaf pine. It is 20 miles from the rail-road. Defendants Broughton and Whitley went on the land in the spring of 1895, and have cut timber from 100 acres. The timber is worth about 66 cents per hundred when sawed, and about 10 cents per hundred growing. Whitley has a sawmill on the land. I think the land is worth $3,000. I would have given $1,500 for it if I had been satis-fled as to the title. I showed five lawyers the will, and they said the title was all right. Mr. Pace, a lawyer, told me, if I bought it, I would probably have a lawsuit. I declined to give $400 for one hundred acres of it after talking with Pace. When the papers in the other suit were served on B. D. Chamblee, I did not think he was in a position mentally to attend to business. He had fits, and was not able to do much for his family. He was injured; did not visit much; came to my house occasionally; had a spasm, there once. His eyes rolled, and he bit his tongue. Four of the children were under age at the time of the sale. Timber growing is worth 10 cents per hundred feet. I suppose there were 2, 000 feet cut; do not know positively. The lumber has been used by Broughton in building a house on the land." Upon being recalled, the witness testified: "I do not know when the first case was begun, or when it was tried. Chamblee did not transact much business. I do not know how his mind was when he had fits. He knew right from wrong. At times he acted like a crazy man, but not so all the time. I do not know how he was at the time of trial. Once, when he had a spasm, I saw him throw something in the fire. Two years before he moved to Durham, he acted as if he was crazy; could not transact his ordinary business. I and another justice of the peace adjudged him an inebriate." J. C. L. Harris testified that he knew B. D. Chamblee; had seen him two or three times. Witness is a lawyer, and was employed by his (Chamblee's) wife, one of the plaintiffs on the trial of the former case. Chamblee was in poor health. No evidence was introduced as to his insanity on the former trial. The judgment was against the defendant. "I urged an appeal, but the wife said that she did not have the money to pay for the transcript. I never spoke to Chamblee about the case."

Plaintiffs asked that the following issues be submitted: *'(1) Have defendants committed trespass and waste on plaintiff's land, as alleged in the complaint? (2) What damage is plaintiff...