John Keeton's Heirs v. Wm. Keeton's Adm'r

• Decision Date: 31 March 1855
• Citation: 20 Mo. 530
• Parties: JOHN KEETON'S HEIRS, Appellants, v. WM. KEETON'S ADMINISTRATOR Respondent.
• Court: Missouri Supreme Court

20 Mo. 530

JOHN KEETON'S HEIRS, Appellants,

v.WM. KEETON'S ADMINISTRATOR Respondent.

Supreme Court of Missouri.

March Term, 1855.

1. Where an administrator, at a fraudulent sale made by him, becomes the purchaser of slaves belonging to the estate of his intestate, and afterwards, with the knowledge of the heirs, openly and notoriously asserts title in himself, a bill in equity cannot be maintained against him for relief, after the lapse of the period which is a bar by the statute of limitations.

2. If a complainant relies upon a disability as exempting him from the operation of the statute of limitations, he should set it up in his bill.

3. It is settled that a person out of this state, but within the United States, is not within the meaning of the words “beyond seas” in the statute of limitations of 1825.

4. Cumulative disabilities are not allowed. So, where a cause of action accrues in favor of an infant female, the statute begins to run from the time she becomes of age, although she previously marries. But where two disabilities exist when the cause of action accrues, the statute does not begin to run until they are both removed.

5. One party, who is saved from the operation of the statute of limitations by a disability, can obtain no relief upon a bill in equity jointly with other parties who are barred.

6. Where a bill in chancery, to which limitation was set up as a bar, contained no allegation of any exempting disability, but it appeared in evidence that some of the complainants had been under a disability, which prevented a bar, though the others had not, the Supreme Court reversed a decree dismissing the bill, in order to afford an opportunity to amend, so as to save the rights of those who were not barred.

7. Facts stated, which, in the opinion of the court showed fraud in a sale by an administrator of slaves belonging to the estate of his intestate.

Appeal from St. Francois Circuit Court.

This was a bill in chancery filed, in March, 1848, by the heirs of John Keeton, to recover certain slaves, (with the value of their hire and services,) claimed by them to have been held by William Keeton, the defendant's intestate (who had administered upon the estate of their father), as their trustee, and by the defendant to belong to his intestate's estate.

About the year 1824. John Keeton, who had previously resided in Franklin county, Tennessee, where he had become somewhat embarrassed, came to Jefferson county, Missouri, leaving behind him his farm, with other property, and his family, consisting of a wife and six children, and bringing with him about twenty slaves, in order, as it appeared that he might prevent them from being sold under execution, and with the avails of their labor pay off his debts. The male slaves were employed by him, after he reached Missouri, in mining, and the females were hired out. Being successful in his mining operations, he returned to Tennessee in the spring of 1825, and according to one witness, again in the spring of 1826, each time taking with him money which he applied to the payment of his debts. There was evidence of a difficulty between him and his wife, which prevented them from living together, and of declarations by him of an intention to make Missouri his permanent home, and other evidence of declarations of his intention to return to his family in Tennessee, after he had made money sufficient to discharge his debts. On the 2nd of September, 1826, soon after his second return from Tennessee, he died in Jefferson county, leaving there the slaves and some other personal property, but no real estate. On the 8th of the same month letters of administration on his estate were granted to M. Taney. In March, 1827, upon the application of William Keeton, who had previously obtained letters of administration in Tennessee, an order was made granting letters de bonis non to him, revoking the letters to Taney. The order recited that it was proved to the court that the applicant was of kin to the deceased and a creditor of his estate. In September, 1827, William Keeton made a settlement of his administration in this State, showing a balance of money in his hands of $288.67, and containing a list of the slaves in his possession, twenty-one in number. No other settlement was made by him until November, 1830, when he made his final settlement, showing no increase of assets since the former settlement, but disbursements to the amount of $231.65, leaving $57.62 to be distributed. The record showed no order of distribution or other order in relation to this balance, nor any order in relation to the slaves. It appeared that in the fall of 1827, the administrator carried all the slaves belonging to the estate to Tennessee. In the settlement of his administration there, he was charged with their hire from January 1st, 1828, up to the time of their sale in 1830, as hereinafter stated. No hire for the year 1827, was charged either in the Missouri or Tennessee administration. The balance due the estate on the final settlement in Missouri was charged to the administrator in the Tennessee administration.

In February, 1830, the court of Pleas and Quarter Sessions of Franklin county, Tennessee, made an order for the sale of the slaves. The order recited that there were unpaid debts against the estate to the amount of upwards of a thousand dollars, to pay which a sale of some of the slaves was necessary, and that the sale of the remainder was believed to be necessary, in order to make an equal distribution among the heirs and that a sale was desired by all the heirs who were of age. Neither the time, terms, place nor manner of sale were prescribed. Under this order, the sale was made by the administrator at public auction, for cash, on the 5th of March, 1830, at the farm of John Keeton, the home of his widow and children, all of whom, as was testified, were present or represented at the sale. John Keeton had one son and two daughters by his first marriage, and three daughters by his second marriage. The five daughters and their husbands were the complainants in this suit. It appeared that Catharine, the eldest daughter, though of age at the time of the sale, was married to Robert Keeton, who was present and bid off two of the slaves. Sytha, the next daughter, was as one witness testified, some eighteen or twenty years of age, but it did not appear whether she was then married. All the other daughters were under age and then unmarried. Clarissa, the youngest, was born in November, 1822, and not married until 1837 or 1838. One witness, however, stated that she was seventeen years old when she married in 1838. It was in evidence that much dissatisfaction was expressed by the persons present, because the sale was for cash, instead of on the usual credit, and that many persons were prevented from bidding in consequence, that the terms were not known until the day; and that the slaves would have brought better prices if they had been sold on the usual terms. It did not appear what, if any, notice of the sale was given, and a witness, who lived in the neighborhood, stated that he never heard of it until it had taken place. Every witness, who undertook to speak positively upon the subject, testified that all of the slaves were bid off by William Keeton, except the two bought by his brother, Robert. There was much evidence, that, after the sale, William, with the knowledge of the heirs, claimed the slaves bid off by him as his own, and exercised ownership over them, and not long afterwards removed a portion of them to Missouri, where they remained in his possion until his death in 1845, when they came into the hands of his administrator, from whom, they and their increase are sought to be recovered in the present suit. One witness, however, testified to a declaration by William Keeton, after the sale that he had bid off the slaves for the benefit of the widow and heirs.

It was claimed by the defendant that the slaves were bid off by William Keeton, at the sale for Elizabeth Keeton, who was his sister, and the widow of John Keeton; and there was produced in evidence a bill of sale dated April 23, 1832, more than two years after the sale, from said William to Elizabeth for the slaves, eighteen in number, reciting that they had been purchased by her at the sale and then delivered. There was also produced a bill of sale of the same date from Elizabeth back to William for ten of the same slaves, reciting that she was indebted to him, after deducting her own distributive share in the estate and those of her three daughters, for whom she was guardian, in the sum of $2,691, for advancements made by him for the estate, in payment of which he had agreed to take the negroes.

At the November term, 1830, the court appointed commissioners to settle with the administrator, who, on the 10th of March, 1831, reported a balance in his hands of $5,002.05 1/4. He was charged with $6,689.99, as the amount for which the slaves sold. At the February term, 1832, commissioners were again appointed to settle, who, in March, 1833, reported that the administrator, since the last settlement, had paid debts amounting to $923.28 1/2 for which he was entitled to credit.

In the settlement of her accounts as guardian of Margaret, Martha and Clarissa, her three daughters, Elizabeth Keeton charged herself with $586.07 3/4 received from the administrator of John Keeton, as the distributive share of each in the estate. There were also produced in evidence receipts from the husbands of Martha, Margaret and Clarissa, dated respectively February 12, 1836, November 17, 1838, and March, 30, 1841, acknowledging the receipt in full of the distributive shares of their wives, and releasing the administrator and guardian. The first two of these receipts did not specify the amount received, but the last stated it at $600. The receipts of the son of John Keeton and of the husbands of his two remaining daughters were also produced, dated April 9, 1831, ...