Clay v. Freeman

• Decision Date: 26 April 1886
• Parties: CLAY v. FREEMAN and another. Filed
• Court: U.S. Supreme Court

118 U.S. 97

6 S.Ct. 964

30 L.Ed. 104

CLAY v. FREEMAN and another.

Filed April 26, 1886.

W. L. Nugent, for appellant, Pattie A. Clay.

Frank Johnston and another.

BRADLEY, J.

This case was commenced by bill in equity filed in the court below in July, 1882, by Pattie A. Clay and Brutus J. Clay, her husband, citizens of the state of Kentucky, against Lucy C. Freeman and C. L. Freeman, her husband, and David I. Field, citizens of the state of Missouri. As the bill was dismissed on demurrer, and the appeal is from the decree of dismissal, it is necessary to state its principal allegations. The facts alleged are substantially as follows:

In 1855 Christopher I. Field (of whom the complainant Pattie A. Clay is only child and heir at law) and his brother, David I. Field, (of whom the defendant Lucy C. Freeman is the widow and the defendant David I. Field is only child and heir at law,) jointly purchased a plantation in Bolivar county, Mississippi, called the 'Content Place,' for the purpose of carrying it on in partnership, under an agreement by which said David was to possess, manage, and control the partnership property for the firm, and the partners were to be equally interested in the property and business. They were also equally to bear losses and expenses, and to share equally the profits realized; but Christopher, being a man of large wealth, did not have the same necessity for calling upon the firm profits as David did. The style of the partnership, as advertised by the partners, was David I. Field & Co., or D. I. Field & Co. The plantation and its equipment of slaves and implements cost from $60,000 to $70,000, the lands alone costing about $54,000. Of this capital Christopher advanced $15,541.26 more than David, which advance was made in the years 1856, 1857, 1858, and 1859, and four partnership notes were executed by David and delivered to Christopher as evidence of these advances, which notes were as follows, namely:

(1) '$7,385.31. On or before the first day of January, 1858, the concern of David I. Field & Co. will be owing C. I. Field the sum of seven thousand three hundred and eighty-five 31-100 dollars, for money advanced the concern for payment for the Leach land, and cash advanced for the purchase of negroes in K'y in the summer of 1856, and to bear six per cent. interest from maturity, or when due. This twenty-third December, 1856.

'D. I. FIELD & Co.' [Seal.]

(2) 'The concern of David I. Field & Co. is owing to C. I. Field the sum of five thousand six hundred and sixty-six and two-thirds dollars, (it being that amount advanced by him of payment to Kirk, balance on concern note due him first day of January last.) He is to be paid six per cent. for said amount from date until paid. This Twentieth March, 1857.

'DAVID I. FIELD & Co.'

On this note is indorsed a credit as follows:

'$243.50. Rec'd on the within note the sum of two hundred and forty-three 50-100 dollars on settlement of articles purchased at D. I. Field's sale of personal property by C. I. Field and D. I. Field & Co., this first day of January, 1861.

C. I. FIELD.'

(3) 'Due C. J. Field, or order, the sum of eleven hundred dollars, ($1,100,) it being money this day advanced by paying to Wm. Kirk, through his draft on Hewitt, Norton & Co., of New Orleans, this fifth day of June, 1858.

'D. I. FIELD & Co.' [Seal.]

'BOLIVAR, June 13, 1859.

(4) 'Due C. I. Field, or order, one thousand three hundred and eighty-nine dollars 29-100, for value rec'd, on settlement to this date, (to this date.)

'D. I. FIELD & CO.'

David I. Field (whom for the sake of brevity we will call D. I. Field) conducted the plantation, and lived on it until his death, which took place on the eleventh of September, 1859; and from that time until the commencement of the late war it was conducted by his administrator, one E. H. Field. His widow, Lucy, the now defendant, soon after his death, removed to Lexington, Kentucky, with her infant son, David I. Field, Jr., one of the defendants in this suit; and after her marriage with her present husband, C. S. Freeman, she removed to Missouri to reside with him, and neither she nor her son has ever lived in Mississippi since. At the time of his death D. I. Field owed individually (including his half of the firm debt due to his brother, C. I. Field) $11,000 or $12,000, all of which debts, and all the firm debts except the debt due to C. I. Field, were paid. On the twelfth of December, 1859, C. I. Field probated and registered his claim against the estate of D. I. Field, and to the proof thereof annexed the following memorandum, to-wit:

'David I. Field & Co. is a firm consisting of the estate of David I. Field and C. I. Field, partners in the Kirk plantation, known as the 'Content Place.' All the within notes are joint notes of the firm to C. I. Field, consequently one-half of the within claim is chargeable to the estate of D. I. Field. This the tenth December, 1859.

[Signed]

'C. I. FIELD.'

Nothing was realized from the plantation during the years 1859, 1860, and 1861 more than sufficient to keep it up. In 1859 there was a bad overflow of the river; in 1860 there was barely sufficient for expenses; and the crop of 1861 was destroyed by the Confederate soldiers under military orders. Christopher I. Field then took the slaves (about 30 in number) to Texas to prevent their being dispersed, and, after the war was ended, brought them back, and endeavored to work the plantation again; but as few of the slaves, after obtaining their freedom, were willing to remain on it, very little could be done, and the place was worked at a loss. Christopher I. Field died on the eighteenth of July, 1867, leaving his daughter Pattie, the complainant, his sole heir at law, who came of full age on the twenty-second of November, 1869. A few months before his death he was appointed administrator de bonis non of his brother David, but nothing came to his hands as such administrator, and he filed no account. After his death, Brutus J. Clay, Sr., (father of Brutus, one of the complainants,) was appointed administrator, both of the estate of Christopher and of his brother David, and assumed the management of the plantation; but by reason of dilapidation, growth of brush, and overflows of the river, realized nothing beyond taxes and expenses as long as he had the charge.

On the second of November, 1868, Brutus J. Clay, Sr., as administrator of David I. Field, presented a petition to the probate court of Bolivar county, Mississippi, representing the estate of said David to be insolvent, and praying for an order to sell his property, real and personal, for the payment of his debts. Schedules were annexed to the petition showing that there was no personal property; that the only real estate was the said David's half interest in the plantation of Content; and that his debts consisted of one-half of the notes given to Christopher, as before mentioned. The petition stated that David's widow, Lucy, and his only child and heir, David, Jr., and his guardian, one Scott, resided in Lexington, Kentucky, and prayed an order of publication citing all parties interested to appear, etc. Upon this petition, and the proceedings had in pursuance thereof, a decree was made by the probate court in March, 1869, declaring that the estate was insolvent, and authorizing and directing the administrator to sell the lands described in the petition. In pursuance of this decree and advertisement, duly published, D. I. Field's one-half interest in the plantation was sold at public auction on the twentieth day of December, 1869, and struck off to the complainant, then Pattie A. Field, by her attorney, for the sum of $6,000. The complainant gave her receipt for the amount of purchase money, less the costs, which was credited on the notes by the administrator, and she received a deed for the property purchased, and went into possession, and has remained in possession, by herself and her husband, or her tenants, ever since that time, except as to the dower of the defendant Lucy C. Freeman, hereafter mentioned. The sale was made in good faith, and in the belief that it was valid. On the first day of December, 1869, shortly before the sale took place, a new constitution of Mississippi went into operation, which abolished the probate court and established a chancery court for each county, having, among other things, the former jurisdiction of the probate court; and, by a law passed the fourth of May, 1870, it was enacted that all causes and proceedings remaining undisposed of in the court of probate of each county should be transferred to the chancery court. The proceedings in this case were not formally transferred, but are actually on file in the clerk's office of the chancery court for Bolivar county aforesaid. The bill then states the results of the working of the plantation from 1870 to the time of the filing of the bill, showing that no profits were realized, but that the complainant incurred a loss of from $2,500 to $3,000 in consequence of the dilapidations consequent upon the war, severe overflowing of the river, and other causes for which the complainant was not responsible. Vouchers are exhibited with the bill for taxes, expenses, and repairs by her paid and incurred.

In 1873 Lucy C. Freeman (then Lucy C. Field) 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 dower was made, which decree was affirmed by the supreme court of the state in 1876, so far as said Lucy's legal right to dower was concerned. The complainant and Brutus J. Clay, Sr., by way of defense to the suit, set up the partnership, the indebtedness to Christopher I. Field, the fact that the plantation was partnership property, and liable for the partnership debts before any dower could be had therein, and also set up the sale of David I. Field's interest by order of the orphans' court. But this...