Tillitt v. Mann

• Decision Date: 15 October 1900
• Docket Number: 1,357.
• Citation: Tillitt v. Mann, 104 F. 421 (8th Cir. 1900)
• Parties: TILLITT v. MANN.
• Court: U.S. Court of Appeals — Eighth Circuit

104 F. 421

TILLITT v. MANN.

No. 1,357.

United States Court of Appeals, Eighth Circuit.

October 15, 1900

(Syllabus by the Court.)

James C. Starkweather, for appellant.

E. T Wells, Thomas Macon, and R. T. McNeal, for appellee.

Before CALDWELL, SANBORN, and THAYER, Circuit Judges.

SANBORN Circuit Judge.

This is an appeal from a decree that a judgment against Ralston C Bloomfield and Hiram R. Tillitt for $30,591 damages, and $1,448.71 costs, rendered on January 3, 1885, constitutes a just claim against the estate of Tillitt, who has since deceased, for $19,718.56. This amount is one-half of the sum which was due on this judgment on September 13, 1892 together with the interest that has subsequently accrued on that moiety. On that day Bloomfield caused certain lands which were worth about $1,700 to be conveyed to Mr. Thomas Macon, the attorney of the appellee, and the latter made this agreement with Bloomfield:

'In the Circuit Court of the United States for the District of Colorado.

'Jeremiah J. Mann, Plaintiff vs. Ralston C. Bloomfield and Robert Tillitt, Defendants.

'Whereas, the above-named Jeremiah J. Mann on or about the third day of January, A.D. 1885, recovered in the said circuit court a judgment against the above-named defendants, Ralston C. Bloomfield and Robert Tillitt, for the sum of thirty thousand five hundred and ninety-one dollars or thereabouts for his damages, besides costs of suit; and whereas, the above-named defendant Ralston C. Bloomfield hath, at the instance and by the request of the above-named plaintiff of even date herewith, caused to be conveyed unto Thomas Macon, Esq., of Denver, Colorado, certain lands and premises, six hundred and forty acres, more or less, situated in township 1 south, of range 59 west, in the county of Arapahoe and state of Colorado, which said conveyance the said plaintiff hath accepted in satisfaction of one equal moiety of the said judgment, with all accumulations of interest on such moiety: Now, therefore, in consideration of the premises, the said Jeremiah J. Mann, plaintiff aforenamed, doth hereby, for himself, his heirs, executors, and administrators, and assigns, covenant and agree to and with the said Ralston C. Bloomfield, his heirs, executors, administrators, and every of them, that he the said Jeremiah J. Mann will not, and his heirs, executors, administrators, and assigns shall not, at any time, cause to be levied upon or taken, under any writ of execution or other process whatsoever, issued or which may be issued upon the said judgment, or cause to be attached, seized, or taken by virtue of any writ of attachment or other process which may be issued in any suit brought upon the said judgment as a ground of action, any of the lands, tenements, goods, chattels, or other estate or property of the said Ralston C. Bloomfield now owned by him, or which may be hereafter acquired by him, nor shall the said Jeremiah J. Mann in any way or manner seek to charge any of the lands, premises, goods, chattels, or estate, real or personal, of the said Ralston C. Bloomfield, now owned by him, or which may hereafter be acquired by him, with any share or part of the said judgment, costs, or interest. And the said Jeremiah J. Mann doth hereby release and discharge from the lien of the said judgment all estate, real and personal, whatsoever, which the said Ralston C. Bloomfield now hath or may hereafter in any manner acquire. And if any writ of execution issued, or which may be issued, upon the said judgment, or upon any judgment hereafter recovered thereupon, or any attachment or other process issued in any suit founded upon the said judgment, shall be levied upon any of the property of said Bloomfield now or hereafter acquired (otherwise than by fraudulent conveyance of the said Robert Tillitt), such levy shall and may, on motion of the said Ralston C. Bloomfield, be quashed, vacated, and set aside. And, whenever satisfaction of the residue of the said judgment shall be obtained of the said Robert Tillitt, the said Jeremiah J. Mann will, in due form of law, enter satisfaction of the said judgment, and formally release and discharge the said Ralston C. Bloomfield and Robert Tillitt therefrom. Nevertheless, the said Jeremiah J. Mann

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