James Boyce Executors, Appellants v. Felix Grundy

• Decision Date: 01 January 1835
• Citation: 9 Pet. 275,9 L.Ed. 127,34 U.S. 275
• Parties: JAMES BOYCE'S EXECUTORS, APPELLANTS v. FELIX GRUNDY
• Court: U.S. Supreme Court

34 U.S. 275

9 Pet. 275

9 L.Ed. 127

JAMES BOYCE'S EXECUTORS, APPELLANTS v. FELIX GRUNDY.

January Term, 1835

district of west Tennessee.

At January term 1830, this case was before the court on an appeal by the same appellants, and a decree was rendered in favour of the appellee. 3 Peters 210.

The appellee in that case, had filed in the circuit court a bill for the rescision of a contract entered into by him with the appellant's testator, James Boyce, for the purchase of a quantity of land in the state of Mississippi; and upon which contract the two first instalments, payable by the same, being due, and unpaid, a suit had been instituted, and a judgment for the amount obtained. The bill also prayed an injunction against the judgment.

The circuit court decreed that the contract should be rescinded, and ordered a perpetual injunction of proceedings on the judgment: and the following mandate was issued from this court, on the affirmance of the decree of the circuit court.

'The President of the United States of America, to the honourable the judges of the circuit court of the United States for the district of west Tennessee, greeting:

'Whereas, lately, in the circuit court of the United States for the district of west Tennessee, before you, or some of you, in a cause wherein Felix Grundy was complainant, and Robert Boyce and Richard Boyce, executors of James Boyce deceased, were defendants in chancery, the decree of the said circuit court was in the following words, viz. 'His honour does order, adjudge and decree, that said contract or agreement between James Boyce, now deceased and complainant, be in all things rescinded and annulled; and because it appears from the evidence that complainant has never received any part of the rents for the plantation, but that an arrangement between him and Robert Boyce, authorized him (R. Boyce) to sue Reed, the complainant's tenant, in complainant's name, for Boyce's benefit, for the rents of 1819, 1820, 1821, 1822 and 1823, that he did so and recovered therefor, and got the same, and that complainant did, by his agent, Harry L. Douglas, Esq., notify defendants to take possession of said land and plantation, as he would not retain the same on account of the fraud aforesaid; it also appearing, from the records of this court, that this bill was filed on the day of 1823; that at the June term of this court 1824, complainant was ready and pressed for a trial, and that the defendants were not ready for trial, at that or any subsequent term, but continued the same on their affidavit; and it appearing to the court that complainant did pay said James Boyce the sum of 1250 dollars, on the 5th day of July 1818, and on that day executed to him his note for 750 dollars, in part payment for said land, and that James Boyce had a counterpart of the agreement:

"It is further ordered, adjudged and decreed, that defendant Robert, administrator of the goods, &c. of James Boyce, deceased, do pay to complainant the said sum of 1250 dollars, with legal interest thereon, at the rate of eight per centum per annum; which appears to be the legal rate of interest in said Mississippi state; from the said 5th day of July 1818, until this day, making the sum of 2065 dollars and 28 cents, to be levied of the goods, &c. of said James, in his hands to be administered, and execution issued therefor as at law; and that defendants do surrender to the clerk and master of this court, said note for 750 dollars, and said counterpart, within three calendar months after final decree in this cause, which, together with the agreement exhibited in the bill, shall be dy him cancelled, and that defendant be perpetually enjoined from executing said judgment on the law side of this court. It is further decreed that defendants pay the costs of this suit, and the costs of said suit at law, and that execution issue therefor as at law:'—as by the inspection of the transcript of the record of the said circuit court, which was brought into the supreme court of the United States by virtue of an appeal, agreeably to the act of congress in such case made and provided, fully and at large appears.

'And whereas, in the present term of January, in the year of our Lord 1830, the said cause came on to be heard before the said supreme court, on the said transcript of the record, and was argued by counsel. On consideration whereof, it is ordered and decreed by the court, that the decree of the said circuit court in this cause be, and the same is hereby affirmed with costs. February 2, 1830.

'You therefore are hereby commanded, that such execution and proceedings be had in said cause, as according to right and justice, and the laws of the United States, ought to be had, the said appeal notwithstanding.'

In the circuit court, the proceedings on the mandate were the following.

'September 13th 1830. This cause came on this day, and on a former day of this term, to be heard before the honourable John M'Lean and John M'Nairy, judges, in presence of counsel on both sides, upon the mandamus from the supreme court, affirming the decree formerly rendered in this court; and in obedience to said mandate it is ordered, adjudged and decreed that the defendants pay the costs of the supreme court of the United States, and the costs of appeal, to be taxed by the clerk and master; and upon motion and petition of complainant, the cause is set down for further directions; and it is ordered that the clerk and master take an account of the assets of James Boyce, deceased, in the hands of the defendant, Robert Boyce, to be administered, and make report, during this term, until the coming of which report other matters are reserved.

'And at the same term, to wit, 1830. 'This cause came on for further directions, this 28th of September 1830; and upon the exceptions filed by the counsel for defendants to the report of the clerk and master, which report was made in pursuance of a decree rendered at a former day of this term, and is in the words and figures following, to wit:

"In obedience to the interlocutory order made in this cause at the present term, the clerk and master reports, that it does not appear that any personal assets of James Boyce, deceased, came to the hands of said defendants as his executors; but it does appear, from the agreement between complainant and Robert Boyce, admitted to have been dated the 23d of May 1823, and from the depositions of Thomas B. Reed, Isaac Caldwell and James E. Gillespie, that Robert Boyce has received for rents, previous to the 1st day of January 1824, the sum of 2100 dollars. That interest on this sum, from the 1st day of January 1824, till the 1st of September 1830 (at the rate of eight per centum per annum, the transaction having taken place in the state of Mississippi, where, by the pleadings in this cause, that is admitted to be the legal rate of interest), will amount to 1120 dollars; amounting in all to 3220 dollars. The above depositions of Reed, Gillespie and Caldwell, and said agreement are herewith produced as a part of this report. It appears from the answer of defendants, that the land in controversy was devised by James Boyce, deceased, to one Richard Boyce, one of the defendants in this cause. All of which is respectfully submitted.

"And exceptions to said report being argued by counsel, and fully understood by the court here; it is ordered, adjudged and decreed, that the exceptions to said report be overruled, and that the report be confirmed, except so far as relates to the interest on the sum of 2100 dollars. It is further ordered, adjudged and decreed, that the complainant recover of Robert Boyce the said sum of 2100 dollars, with interest from this day, to be levied of his own proper goods and chattels, lands and tenements; and that, for the balance due the complainant, amounting to 496 dollars and 46 cents, with interest from this time, and also the aforementioned sum of 2100 dollars, in case the same is not paid by the said Robert Boyce, on or before the first Monday in March next, and the costs of this suit, that the complainant has a lien on the tract of land in the state of Mississippi, in the pleadings mentioned; and is entitled to have the same sold to satisfy the above mentioned sums of money. It is further ordered, adjudged and decreed, that in case the said sums of money and costs of suit, or any part thereof, be unpaid on the 1st day of March next, that in that case, the said tract of land and appurtenances, be exposed for sale at Natchez, in the state of Mississippi, by commissioners to be appointed by the clerk and master of this court, on such credit as he may direct, forty days notice of the time and place of sale being given in some public newspaper printed in Natchez. And it is further ordered, adjudged and decreed, in case of said sale, that the defendants, Robert Boyce, as executor and administrator with the will annexed, and Richard Boyce, join in a deed or deeds to the purchaser or purchasers, under the direction of the clerk and master of this court; and it is further ordered, that the clerk and master of this court make report of his proceedings to the next term of this court.'- 'The exceptions filed to the report of the clerk and master, are in the words following, to wit:

"Defendants, by their counsel, except in manner following to the report of the clerk and master of this court in this cause.

"1. It is not the fact, as stated by the said clerk and master, that the agreement between R. Boyce and F. Grundy, of date the 23d of May 1823, admits, either on its face or by implication, that the said Robert Boyce had then or has now assets in his hands as executor of the last will and testament of James Boyce, deceased.

"2. Defendants except to said report, if by it it is intended to render Rober Boyce liable, as executor of James, on the ground that he had assets in May 1823; because the same may have been long since paid away in discharge of debts due by the...