Hollingsworth v. Fry

• Decision Date: 01 October 1800
• Citation: 4 U.S. 345,1 L.Ed. 860,4 Dall. 345
• Parties: Hollingsworth v. Fry.
• Court: U.S. Supreme Court

4 U.S. 345

4 Dall. 345

1 L.Ed. 860

Hollingsworth v. Fry.

Circuit Court, Pennsylvania District.

October Term, 1800

IN equity. The bill, after setting forth a variety of transactions between the parties, relative to a tract of land, mills, and mill race, in Dauphin county, states, that on the trial of a writ of partition for the premises, they consented to withdraw a juror, and entered into the following agreement, dated the 19th of November 1790:

'It is mutually agreed, that judgment shall be entered for the defendant on the day in bank, on the 3d of January next, unless the said plaintiff, or Robert Ralston, his assignee, shall previous thereto, by such good and unexceptionable securities, in such sum, and in such manner, as shall be approved of by the honourable Judges of this Court, engage for, and secure, the payment of one moiety of all monies, which the defendant hath advanced, or expended, or shall appear to be reasonably entitled to, for, or by reason of, his improvement of the lands in question, or for any matter relative thereto, or of any other lands held in common, or jointly, between the said parties, within six months from the said 3d day of January next. But, in case such unexceptionable security shall be given, and a question shall arise as to the quantum of the monies, to which the defendant shall be entitled, the John Kean, Joshua Elder, and John Carson, gentlemen, or any two of them, shall determine the said sum, on full hearing of the said parties, their witnesses, and proofs. And in case of a full conformity thereto to, and the money being fully paid and discharged as aforesaid, within the said period of six months, and not otherwise, that then judgment shall be entered in this action, not only for the lands in the declaration mentioned, but of all lands and mills held jointly, or in common between them the said parties, by virtue of any article between them, or between them and John Fisher, made. But if the monies so due shall not be paid and discharged within the said period, the defendant shall hold the said lands free and discharged from the claims of the said plaintiff, and all persons claiming under him; and judgment shall in such case be entered for him in this action.'

It, also, appeared from the pleadings and exhibits that the bond, required by the agreement, was duly executed on the part of the plaintiff; that the referees undertook the business of the reference; and that on the 13th of April 1791, the following report was filed:

'We the referees, &c. report that, after hearing the parties, their allegations, and witnesses, and investigating their accounts and vouchers, we are of opinion, that George Fry is reasonably entitled to the sum of 3646l. 6s. 2 3/4d. specie; that being the one moiety, or half part, of his expenditures on the lands, mills, and their appurtenances, in question, after giving John Hollingsworth credit for the money by him expended on the same lands.'

It, also, appeared, that the plaintiff filed a number of exceptions, which the Supreme Court, after argument, over-ruled on the 2d of July 1791, and gave judgment on the report; and that, on the 26th of September 1796, the complainant sent his son, to tender to the defendant, the amount of the report, in his favour; which the defendant refused to accept.

Upon these general premises, the bill proceeded to complain, that the defendant had appeared in the Supreme Court, by his counsel, on the 2d of July 1791, alleging the...