Washington v. Opie

• Decision Date: 02 May 1892
• Citation: 145 U.S. 214,36 L.Ed. 680,12 S.Ct. 822
• Parties: WASHINGTON et al. v. OPIE
• Court: U.S. Supreme Court

145 U.S. 214

12 S.Ct. 822

36 L.Ed. 680

WASHINGTON et al. v. OPIE.

May 2, 1892.

STATEMENT BY MR. JUSTICE HARLAN.

Heirome L. Opie, by deed dated January 1, 1856, conveyed to Henry W. Castleman two tracts of land in Jefferson county, then in Virginia, now in West Virginia,—one tract containing 596 acres and the other 419 acres,—for the price of $41,733.66 1/2, of which $10,000 was paid at the time in cash, and for the remainder the grantee gave his bonds or single bills, bearing interest from date and payable annually, two for $5,000 each, payable, respectively, on the 1st days of January, 1857 and 1858, and six for $3,622.27 3/4 each, payable, respectively, on the 1st days of January, 1859, 1860, 1861, 1862, 1863, and 1864. These bonds were secured by a deed of trust to Robert Y. Conrad, which was duly acknowledged by Castleman, and recorded January 2, 1856.

Marshall McCormick and R. T. Barton, for appellants.

Robert White, for appellee.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.

When this transaction occurred, both Opie and Castleman resided in Jefferson county. But shortly afterwards Opie removed with his family to Staunton, in Augusta county, Va., where he died in June, 1862, leaving, him surviving, his wife, Nannie S. Opie, and four children,—the present appellee, H. L. Opie; Thomas Opie, born in February, 1840; Mary Opie, born January 25, 1842, and John N. Opie, born March 14, 1844. The record does not show the age of the appellee, but he was old enough to have served in the Confederate army during the entire period of the late civil war. The widow and Thomas Opie qualified as the personal representatives of the decedent.

The bonds maturing in January, 1857, 1858, 1859, and 1860, principal and interest, as well as the interest due on all the others up to January 1, 1861, were paid to Heirome L. Opie in his lifetime; presumably in lawful money. In the fall of 1862, Castleman paid to his personal representatives the entire amount of the bonds maturing in 1861 and 1862. This payment was made at Staunton in what was known as 'Confederate treasury notes' which at the time constituted the principal if not the only circulating medium in that locality, and passed current in the county where Castleman resided. The bonds so paid were surrendered to Castleman.

On the 1st of February, 1863, and 4th of January, 1864, respectively, Castleman paid, through others, to the personal representatives of Opie, the full amount of the bonds falling due in those years. The payments were made in what was commonly called 'Virginia money,' that is, Virginia bank notes issued prior to the civil war. Each bond so paid was delivered to Castleman, or to his agent, at the time of payment.

When the last bond, the one maturing in 1864, was paid, the personal representatives of Opie executed and delivered to Castleman's agent, through whom it was paid, a written order addressed to the trustee in the deed of 1856, directing the release of the lien created by that instrument. This order having been presented to the trustee, he made his deed of September 7, 1865, (which was duly acknowledged the same day,) referring to the deed of 1856, and the bonds secured by it, and declaring: 'And whereas, said Castleman hath pro- duced to said Conrad the last one of said bonds, paid and canceled, and also a paper signed by Thomas Opie, administrator, and N. S. Opie, administratrix, of said Heirome L. Opie, (who has deceased,) acknowledging the payment in full on all said purchase money, and requesting a release of said deed of trust: now, in consideration of the premises, the said Robert Y. Conrad doth release unto the said Henry W. Castleman all his (said Conrad's) claim upon the said tracts of land by virtue of said deed of trust.' This deed of release was recorded February 10, 1871.

The plaintiff, in his deposition, given in his own behalf, referring to the payment of the bonds, said: 'I first learned of their payment shortly after they were made. I received my first information from the personal representatives of my father's estate. * * * I know that three of the bonds were paid in Confederate money because Castleman told me so, as did also the personal representatives of my father's estate. The payment made in 1864 was made by Mr. Sinclair [for Castleman] in Virginia bank notes. I know this because I got a portion of them after the war. * * * The Confederate money paid by Castleman was put into Confederate bonds, which I saw afterwards. The Virginia money was held until after the war, and divided between the heirs, but it was worthless, the Virginia banks having all their money in Confederate bonds, and were so compelled by law. Quite a number of bank notes were returned to Castleman by my mother after the war. I saw them mailed to Castleman. The whole was an entire loss to the distributees of my father's estate.'

The present suit was brought by the appellee, H. L. Opie, December 4, 1880, the original defendants being Castleman, Nannie S. Opie, Thomas Opie, John N. Opie, and Mary Meade, formerly Mary Opie. Castleman answered, but the bill was taken for confessed as to the other defendants. The executors of Conrad were made parties defendant, and an order recites that they appeared and answered, but the record does not contain their answers.

Subsequently, September 1, 1885, the plaintiff filed a second bill of complaint, stating more fully his cause of action. The material allegations of the amended bill are: That the obtaining of said bills or bonds from the personal representatives of Heirome L. Opie was in execution of a fraudulent scheme upon the part of Castleman to pay them off with 'worthless or next to worthless Confederate money;' that by appealing to the fears of the personal representatives, and by persuasion, and with the assistance of one or more persons employed to aid him in executing his fraudulent purposes, he (Castleman) induced them to deliver to him the said bills, and 'to receive therefor nothing but said worthless Confederate money to a very large amount,—that is, to an amount large enough to cover the total amount of said single bils and interest then unpaid,—and passed to said Nannie S. and Thomas such Confederate money at the nominal amount appearing upon the face of the notes;' that nothing was paid by him after the death of his grantor, 'except such worthless Confederate money;' that he fraudulently procured the writing signed by the personal representatives, acknowledging the payment of said bills, and requesting the release of the deed of trust; that at the time of said transaction John N. Opie was an infant; that said deferred payments on the land purchased by Castleman became, by reason of his acts, a total loss to the estate of Heirome L. Opie; that the personal representatives have never made a settlement of their accounts, nor accounted to the distributees of the estate for any part of said unpaid purchase money or bonds; that the estate was entirely solvent; and that the plaintiff many years ago removed to Kentucky, and did not know until recently of the release of the deed of trust, and could not have had constructive notice of it until February 10, 1871, and in fact did not until recently before this suit know of it, or of the condition of affairs connected with the bonds given by Castleman. The bill also alleges: 'Your orator knows that even if he could do so it would be wrong for him to make said Nannie S. and Thomas Opie responsible for said unpaid purchase-money bonds under the circumstances of the case, for he feels perfectly satisfied that they were deceived and defrauded by said Castleman in the premises. But he does charge that they had no right to receive said Confederate money in payment of said bonds or otherwise for them, or to give up said bonds to said Castleman, and said Castleman has no right to have them or treat them as paid. Said Castleman has since his said purchase all the while been possessed of and enjoyed the said valuable property for which he has not honestly paid, and so much of said purchase money as was not paid dollar for dollar by said Castleman has been thus far a total loss to the estate of said Heirome L. Opie, and his heirs at law.'

The principal relief asked was that Castleman be requied to pay, 'in good, lawful money, so much of said purchase money, single bills, and interest thereon, as has not been paid in good lawful money,' and that in default thereof a trustee be appointed by the court to sell the real estate to pay off the price 'in good and lawful money' to the legal representatives or distributees of Heirome L. Opie, according to their respective rights, including the widow.

Castleman demurred to the bill as insufficient in law, and also filed an answer denying all the material allegations of the bill. Answers were also filed by Mrs. Meade and John N. Opie, in which they pray that the release of the deed of trust be set aside. But they do not file cross bills, or make any direct...