Estill v. Miller

• Decision Date: 09 October 1813
• Citation: 6 Ky. 177
• Parties: Samuel Estill v. Robert Miller and Benj. Estill, Benj. Estill and Robert Miller v. Samuel Estill.
• Court: Kentucky Court of Appeals

6 Ky. 177

Samuel Estill v. Robert Miller and Benj. Estill, Benj. Estill and Robert Miller v. Samuel Estill.

Court of Appeals of Kentucky.

October 9, 1813

OPINION

OWSLEY Judge.

DURING the absence of Samuel Estill from Kentucky, Benjamin Estill purchased from William M. Williams and George Hubbard the benefit of two judgments and executions, to the amount of about £ 90, which remained due them from said Samuel. Benjamin Estill caused sales to be made under the executions and actually sold and purchased himself seven of Samuel Estill's negroes, and various other property. Jane Estill, the wife of Samuel, during his absence also sold to Benjamin Estill a negro woman, named Viney, and her child Rhody; which last described negroes came to the possession of Robert Miller by purchase from Benjamin Estill. After the return of Samuel Estill, he exhibited his bill against Benjamin Estill and Robert Miller for the negroes. He charges that the purchase of the executions from Williams and Hubbard, and that of the negroes thereunder, was made by Benjamin Estill, as agent, for his benefit, and urder an agreement with his wife during his absence: that Benjamin Estill was to be paid for his services as agent; and that upon his return he offered to repay Benjamin the money advanced by him for the purchase, and compensate him for his agency, and demanded a return of the negroes; but Benjamin refused. He also alleges that his wife sold the negro, Viney and her child, Rhody, without any authority from him and against his will and consent. He exhibits an account against Benjamin Estill and prays an adjustment thereof, and that the negroes which were purchased under the executions may be restored to him by Benjamin Estill, and those purchased from his wife and in the possession of Robert Miller be restored by him. He prays general relief.

If one purchases slaves under execution, for the use of the person against whom the execution issued and at his request or fraudulently pulls down the advertisements, whereby the property is sold to him at an undervalue, his purchase gives him no absolute right, but he is the trustee, and shall account for the hire; he to be reimbursed money paid with interest.

If B purchases slaves of the wife of S without authority given by S to his wife to sell, the remedy to recover the slaves is at law, and not in chancery.

Benjamin Estill by his answer admits the wife of Samuel Estill, when she was about going to the State of Virginia to see her husband, requested him if the negroes should be sold under the executions that he would buy them, and that she might be permitted to redeem them by paying the money advanced and interest, on her return from Virginia: but he denies that she applied to him to act as agent, or agreed to pay him for his agency. He alleges he purchased the executions on his own account, and that at the sale he did purchase with his own money and on his own account the negroes and...