Clay v. Field Freeman v. Clay Field v. Clay

• Decision Date: 02 March 1891
• Citation: 138 U.S. 464,34 L.Ed. 1044,11 S.Ct. 419
• Parties: CLAY v. FIELD et al. FREEMAN v. CLAY et al. FIELD v. CLAY
• Court: U.S. Supreme Court

138 U.S. 464

11 S.Ct. 419

34 L.Ed. 1044

CLAY v. FIELD et al.

FREEMAN

v. CLAY et al.

FIELD

v. CLAY.

March 2, 1891.

W. L. Nugent, for Pattie A.

Clay.

Edward Mayes, for Lucy C. Freeman.

J. E. McKeighan and Fran Jo hnson, for David I. Field.

BRADLEY, J.

This case was before us in October term, 1885, upon a decree dismissing the bill on demurrer. See Clay v. Freeman, 118 U. S. 97, 6 Sup. Ct. Rep. 964. We reversed that decree, and remanded the cause, with instructions to enter a decree in conformity with the opinion of this court, which was done. After various subsequent proceedings in the court below, a decree was finally made on the 15th of August, 1889, from which both complainants and defendants have appealed. Before adverting to the subsequent proceedings, it will be necessary briefly to review the case as stated in the bill, and as it appeared before us on the former appeal. In 1885, Christopher I. Field and his brother, David I. Field, purchased a plantation in Bolivar county, Miss., called the 'Content Place,' for the purpose of working the same in raising cotton and other crops as partners, the arrangement being that David should occupy and manage the plantation and all the affairs of the partnership, and that each should share equally in the profits and losses. In the course of the business, Christopher I. Field, who had a plantation adjoining the Content place, and was a man of large means, made sundry advances to the firm to pay for land purchased and other things required in carrying on the business, for which his brother David executed, on behalf of the firm, several notes or acknowledgments of indebtedness,—one dated 23d of December, 1856, payable 1st of January, 1858, for the sum of $7,385.31, with 6 per cent. interest from maturity; another dated 20th of March, 1857, for the sum of $5,666 2/3, to be paid with interest at 6 per cent, from date; a third dated 5th of June, 1858, for the sum of $1,100; and a fourth dated 30th of June, 1859, for the sum of $1,389.29; in all, $15,541.27. David I. Field died on the 11th of September, 1859, leaving his widow, Lucy C. Field, (who afterwards married one C. L. Freeman,) and an infant son, David I. Field, Jr., who are the defendants in this suit. At the time of David I. Field's death his widow was in Kentucky, and did not return to Mississippi. Of course, the care of the plantation and partnership property devolved upon Christopher I. Field, as surviving partner; but soon after the death of David letters of administration upon his estate were taken out by another brother, Ezekiel H. Field, who went into possession of the plantation and continued to carry it on in the place and stead of his deceased brother, for the benefit of the partnership, during the year 1860 and part of the year 1861. He left in the summer of the latter year, when the disturbances occasioned by the civil war rendered it hazardous, if not impracticable, to cultivate the plantation or to secure any crops. It is charged in the bill that the year 1859 was an unprofitable year, in consequence of the overflow of the river, and that during the year 1860 the crop raised was appropriated to keeping up the plantation, ditching, and making other improvements, and that the crop of the year 1861 was destroyed by the soldiers of the Confederate States under military orders. It is also alleged that no part of the crops ever came into the hands of Christopher I. Field, but all the proceeds that were realized were applied to the payment of current expenses and debts of the partnership, other than the debt due to Christopher I. Field, which, it is alleged, has never been paid. During the war Christopher I. Field, to prevent the capture of the slaves by the fleets of the United States descending the river, removed them to the state of Texas, and kept them there until the surrender, but realized nothing from their labor in Texas beyond sufficient to pay for their maintenance and support. After the surrender he had them brought back from Texas at considerable expense, for the purpose of cultivating the plantation again, but most of them, claiming their freedom, abandoned it, and he was obliged to rent the plantation for what he could get, and did rent it for a time to different persons, but nver received therefrom any results beyond the expenses incidental thereto. Ezekiel H. Field, after quitting the plan- tation in 1861, performed no further acts in the administration of the estate, and resigned his position in May, 1866, and some time in that year Christopher I. Field was appointed his successor. Christopher died on the 18th of July, 1867, leaving as his only heir at law the appellant Pattie A. Field, now Pattie A. Clay by intermarriage with Brutus J. Clay the younger. After the death of Christopher I. Field, and in October, 1867, Brutus J. Clay, the elder, was appointed administrator both of his (Christopher's) estate, and of the estate of David I. Field, the plantation being at that time under rent to Martin and Childress. During 1868 it was rented by Brutus J. Clay, the administrator, to one Holloway; and in 1869 to the said Holloway and another person by the name of Clay, but very little rent was collected which was not required to make repairs consequent upon breaks in the levees, etc. In March, 1868, Brutus J. Clay filed his accounts as administrator of Christopher I. Field, in the probate court of Bolivar county, Miss., and also commenced proceedings to have the interest of David I. Field in the Content plantation sold for the purpose of paying his half of the promissory notes given by the firm of D. I. Field & Co. to Christopher I. Field, before mentioned. These proceedings are stated in the former report of the case, before referred to. The probate court made a decree declaring the estate of D. I. Field insolvent, and authorizing the administrator to sell the lands described in the petition; and accordingly a sale of D. I. Field's half interest in the plantation was made at auction on the 20th of December, 1869, and it was struck off to the appellant, Pattie A. Field, by her attorney or some other person acting in her behalf, (she then being a minor, and ignorant of the matter,) for the sum of $6,000, and she received a deed therefor, and a receipt for that amount was given as a credit on the said notes. Pattie A. Field then went into possession of the property, and remained in possession until the bringing of the present suit, except as to such part as was set off to the widow, Lucy C. Freeman, for her dower, in November, 1879. (The said sale, however, has been held void because of the abolishment of the probate court by the constitution adopted on December 1, 1869.) The bill states that the result of the working of the plantation while in possession of the plaintiffs, from 1870 to the time of the filing of the bill, was without profit, and that the complainant, Pattie A. Clay, incurred a loss of $2,500 or $3,000 by keeping possession of the property and making repairs rendered necessary by the dilapidations arising from the war, the overflowing of the river, and other causes for which she was not responsible. The bill sets forth in detail a large amount of expenditures incurred by the complainant for taxes and other expenses, and for necessary repairs made by her.

In April, 1873, Lucy C. Field, the widow, filed a petition in the chancery court of Bolivar county for her dower in one undivided half of the Content plantation; and in 1875 a decree for allotment of her dower was made, and was affirmed by the supreme court of Mississippi in 1876, so far as the affirmation of her right of dower was concerned. In 1879 she further applied to the said chancery court to have her said dower set off to her in severalty, and a decree for that purpose was made and carried into execution, and she has ever since had possession of the portion set off to her. In September, 1880, the said Lucy commenced a suit, in the same court, against the appellant Pattie A. Clay, and her husband, to recover the rental vaiue of her dower while in possession of the said Pattie. This suit was removed into the circuit court of the United States for the northern district of Mississippi, before the commencement of the present suit, and evidence was taken therein an d sundry proceedings were had, and it stood ready for trial when the bill in the present case was filed. In November, 1880, David I. Field, the son and heir of David I. Field, deceased, having attained his majority, brought an action of ejectment in the United States circuit court aforesaid against the said Pattie A. Clay and her husband for the undivided half of the Content plantation, also demanding $20,000 for the use and occupation of the premises from and including the year 1870. Pattie A. Clay and her husband filed a plea in said suit, and the action was pending when the present suit was brought. The bill in the present case was filed for the purpose of enjoining the prosecution of the said two last-mentioned suits, and for the settlement of the partnership accounts of D. I. Field & Co., and payment, out of the partnership property remaining, (consisting only of said plantation,) of the amount due to the estate of Christopher I. Field upon the pour notes before mentioned. The complainants offered in the bill to account for all rents and profits received by them, claiming credit for all expenditures, taxes, and repairs made on account of the property, and prayed that the assets of the partnership might be marshaled and sold for such balance as might be found due to the said Pattie as representative of her father's estate.

This bill was demurred to by the defendants, and the ocurt below sustained the demurrer as to so much of the bill as prayed for a settlement of the partnership accounts, but overruled it so far as it related to an account of the rents and profits due either to Lucy C. Freeman in respect to her dower, or to David I. Field in respect to...