Maddox v. Griffin

• Decision Date: 30 November 1860
• Citation: 31 Ga. 512
• Court: Georgia Supreme Court
• Parties: MADDOX vs. SIMMONS AND GRIFFIN.

31 Ga. 512

MADDOX vs. SIMMONS AND GRIFFIN.

Supreme Court of the State of Georgia

NOVEMBER TERM, 1860.

In Equity, in Putnam Superior Court. Tried before Judge Harris, at the September Term, 1860.

Alfred Simmons and William S. Griffin, filed their bill in equity, in the Superior Court of Putnam county, against John Z. Maddox, the allegations of which are substantially as follows, to wit:

In November, 1856, Green Simmons died in Putnam county,, intestate, and without issue; that at the time of his death he was entitled, as of his own right and property to the following negro slaves, to wit: Maria, aged fifty years, and worth one hundred dollars; Dawson, aged seventeen years, and worth eleven hundred dollars; Nancy, aged thirteen years, and worth eight hundred dollars; John Wesley, aged eight years, and worth six hundred dollars; Raymond, aged five years, and worth one hundred dollars; and Merrill, aged four years, and worth three hundred dollars. Also, the following property, to wit: five head of cattle, worth twenty-five dollars; one buggy and harness, worth forty dollars; a lot of carpenter's tools, worth fifty dollars; a silver watch, worth fifty dollars; one double barrel gun, worth forty dollars; and four trunks, worth twenty dollars, besides other property of the value of one thousand dollars; that at the May Term, 1858, of the Court of Ordinary of Putnam county, letters of administration on the estate of the said Green Simmons, deceased, were regularly granted to the complainants; that after their qualification as administrators, they were informed, that the said John Z. Maddox had in his possession, the negro slaves aforesaid, as well as the other property before enumerated; that on the 5th day of May, 1858, complainants demanded the said property, and the said Maddox refused to deliver it up; that the said Maddox claimed the negroes under and by virtue of a bill of sale made by the deceased in his lifetime, and an agreement made by said Maddox at the same time, both being dated the 8th of November, 1855, and which are as follows, to wit: GEORGIA, Putnam County: —

This indenture, made and executed this, the eighth day of November, 1855, between Green Simmons of the first part, and John Z. Maddox of the other part, both of the county and State aforesaid, witnesseth: that, for and in consideration of the sum of five dollars by the said John Z. Maddox, to the said Green Simmons in hand paid, at, and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, as well as for the undertaking, on the part of the said John Z. Maddox, that he will furnish to the said Green Simmons, a comfortable home, and give him a decent support for the balance of his life, and a decent Christian burial to his body after his death; he, the said Green Simmons, hath granted, bargained, and sold, and for the consideration above stated, does, by these presents, grant, bargain, and sell, unto the said John Z. Maddox, the following nine negroes, and their increase, to wit: Maria, Caroline, Henry, Sam, Dawson, Nancy, Raymond, Wesley, and Merrill, the child of the woman Caroline; to have and to hold said named property and its increase, to him, the said John Z. Maddox, and his heirs forever. And the said Green Simmons doth hereby warrant the title to the said property herein conveyed, to the said John Z. Maddox, his heirs and assigns, against himself, his heirs and assigns, and against all and every other person, and especially against the title of Robert A. Ladd, and all claiming under him; he, the said Simmons, especially, hereby revoking the instrument made in favor of the said Ladd, embracing said negroes, and other property, the same being but a last will and testament in effect, and so intended when made.

In witness of all which, and to carry out the full intention of the above, the said Green Simmons hath hereto set his hand and seal the day and date above written.

Signed, sealed and delivered in the presence of C. S. Criddle, F. W. Perryman and G. W. Denham.

[l. s.] GREEN SIMMONS.

GEORGIA, Putnam County:

I, John Z. Maddox, of the county and State aforesaid, do hereby accept the above and foregoing deed, with its conditions, and do agree, on my part, to perform that part of the contract binding on myself.

In witness of which, I have hereunto set my hand and seal, this, the 8th of November, 1855.

Signed, sealed, and delivered in the presence of C. S. Criddle, F. W. Perryman and G. W. Denham.

JOHN Z. MADDOX.

That the total value of the slaves embraced in said instrument of conveyance, was fifty-five hundred dollars; that, at the time of making said bill of sale, and for many years previous thereto, the said Green Simmons was, and had been imbecile in mind, and incapable of making a valid contract; that he was foolishly credulous, unstable, and subject to be imposed upon by any one disposed to take advantage of his condition; that the said John Z. Maddox procured said Green Simmons to make said bill of sale, by fraud, false promises, misrepresentation, and the exercise of undue influence over, and upon the said Green Simmons at a time when his condition of mind and body were such as to cause him to yield to the most foolish and unreasonable propositions, and when he was utterly incapable, from mental weakness, of resisting the importunities of the said John Z. Maddox; that after thus obtaining the said conveyance, on the terms and conditions therein recited, and on which alone the said conveyance was obtained, the said John Z. Maddox did not furnish the said Green Simmons with a comfortable home, but put him off without any white attendant, and did not take care of him, or give him a decent support; but, on the contrary, neglectedhim during sickness, and suffered him to die in utter neglect, and without attention or comfort; that the negro man, Henry, mentioned in the deed, was sold by the sheriff of Putnam county, on the first Tuesday in November, 1856, to satisfy sundry fi. fas. issued from the Superior, Inferior, and Justices\' Courts of said county, from judgments, some of which were obtained against the said Green Simmons before, and others after the date of said bill of sale; and that at said sheriff\'s sale, the said John Z. Maddox became the purchaser of said slave (Henry), at the price of twelve hundred and fifty dollars, three hundred and forty-nine dollars and sixty-eight cents of which sum the said John Z. Maddox retained, after paying off the sums due on the fi. fas.; that the negro Caroline, never did go into the possession of the said John Z. Maddox, and that said Caroline and Maria, are now dead; that Green Simmons never did deliver the negroes, and other property mentioned in the bill, to the said John Z. Maddox, but that he took possession of the same wrongfully; that the aggregate value of the slaves in the defendant\'s possession, at the time of filing the bill, is forty-five hundred dollars, and their annual hire is worth, in the aggregate, two hundred dollars.

The complainants pray, that the charges of the bill may be fully answered by the defendant; that the bill of sale may be set aside and annulled; that the defendant be decreed to deliver up the property to complainants, and account for the hire thereof; and that complainants may have such other relief as the facts of their case call for in equity.

The defendant filed his answer to the complainants' bill, in which he admits the death of Green Simmons without will and without issue; that complainants are the administrators of deceased, and that they demanded the property of defendant, which he did not deliver to them; that the negroes are correctly enumerated in the bill, and such of them as are alive, are in his possession, and are worth the sum stated in the bill, as to value and hire. The defendant also admits the making of the bill of sale and agreement set forth in the bill, but denies positively that the said Green Simmons was imbecile, or in any manner mentally incapable of making a valid contract; he also denies every charge made against him in the bill, of all imposition, false promises, fraud, undue or improper influence used to induce said Green Simmons tomake the bill of sale, and insists that the transaction was fair and honorable, and founded on a good, fair and valuable consideration, and executed in the utmost good faith. The defendant also denies every allegation of the bill, charging him with a failure to comply with his part of the contract set forth in the bill, and insists that he gave him, the said Green Simmons, a comfortable home and a decent support, to the hour of his death; that he offered the deceased a home, either at the hotel in Eatonton, or where the defendant then boarded; that said deceased preferred to remain at the defendant\'s plantation; that the defendant gave the said Green Simmons the very best medical attention, employing an eminent physician to see him at the physician\'s discretion; that he gave him every comfort that could be procured, and from the time he was confined to his bed, that the defendant moved another bed to the house, and remained constantly with him, until he died, whilst his relatives ignored him, and neglected him; that after the deceased died, the defendant gave his body a decent Christian burial at a spot selected by the deceased himself, in his lifetime, and that he, the defendant, fully and faithfully discharged every obligation required of him by the deed and contract. The defendant also admits that the boy Henry, was sold at sheriff\'s sale, and bought by him; that soon after the bill of sale was executed, Robert A. Ladd took out a possessory warrant for the slaves which deceased moved from Ladd\'s house, and the Court awarded the possession of said slaves to Ladd, and that the defendant was driven to a regular action of trover, to recover them from Ladd; that during the pendency of the action of trover, the creditors of deceased wanted their money,...