Corker v. Jones

• Decision Date: 04 February 1884
• Citation: 4 S.Ct. 19,110 U.S. 317,28 L.Ed. 161
• Parties: CORKER v. JONES, Ex'r, etc
• Court: U.S. Supreme Court

110 U.S. 317

4 S.Ct. 19

28 L.Ed. 161

CORKER v. JONES, Ex'r, etc.

February 4, 1884.

Henry B. Tompkins, for appellant.

Randall Hagner, for appellees.

MATTHEWS, J.

Malcolm D. Jones, of whom Francis A. Jones, the appellee, is executor, in his life-time was executor of the last will of Drury Corker, deceased, and testamentary guardian of the person and estate of the testator's son, Ernest D. Corker, the appellant, one of the devisees, then a minor, who arrived at age since filing the present bill. While acting as such, on July 24, 1863, Malcolm D. Jones, as guardian, purchased a tract of land known as the Gilstrop and Watson place, part of the estate of Drury Corker, from the trustees of Mrs. S. Hart, a daughter of the testator, to whom he had devised it, with power to sell. The consideration paid was $15,600 in confederate money, which was advanced by Malcolm D. Jones from his own funds. The conveyance was to him as guardian of the appellant, the latter being charged in account by the guardian with the amount of the advance. In 1867, while the appellant was still an infant about 11 years of age, and living with his mother, a bill in equity was filed in the superior court of Burke county, where they resided, a court of general jurisdiction at law and in equity, in the name of the appellant, suing by his mother and next friend, to which Malcohn D. Jones was made defendant, praying for a rescission of the transaction as between the guardian and ward, so that the former should take the land, and the latter be relieved from the payment of the consideration. The pleadings in that case are not exhibited in the present record, as it is stated, because they have been lost or destroyed; but the matter was submitted to a jury, who found that 'it is to the interest of Ernest D. Corker, the minor, under his circumstances, that said purchase be rescinded, and deed be cancelled and set aside as to said Ernest D., leaving it to stand as against the makers and in favor of said Malcolm D. individually; and that, if necessary, said Ernest D. make, and dcliver a proper conveyance of said land to said Malcolm D.' And upon this verdict, on January 1, 1868, it was by the court ordered and decreed 'that said deed be, and is hereby, set aside and cancelled as to said Ernest D. only, and that it stand good against the makers thereof, and for the use and benefit of said Malcolm D. individually, and said Ernest D. make any, all necessary, and proper conveyances of the land referred to to said Malcolm D.; that said Malcolm D. also pay one-half of the costs of this proceeding, and said Ernest D. the other half thereof.' Thereafter Malcom D. Jones went into possession of the land, claiming title thereto in his own right, and since his death his executor, Francis A. Jones, one of the appellees, has sold the same in parcels under judicial proceedings in the superior court of Burke county, as the property of Malcolm D. Jones, deceased, to the several other appellees. These purchasers claim to be protected as such against any equities of the appellant, but the latter...