William Caldwell, Isaac Caldwell and Samuel Brents, Appellants v. Sarah and George Carrington Heirs

• Decision Date: 01 January 1835
• Citation: 34 U.S. 86,9 L.Ed. 60,9 Pet. 86
• Parties: WILLIAM CALDWELL, ISAAC CALDWELL AND SAMUEL BRENTS, APPELLANTS v. SARAH AND GEORGE CARRINGTON'S HEIRS
• Court: U.S. Supreme Court

34 U.S. 86

9 Pet. 86

9 L.Ed. 60

WILLIAM CALDWELL, ISAAC CALDWELL AND SAMUEL

BRENTS, APPELLANTS

v. SARAH AND GEORGE CARRINGTON'S HEIRS.

January Term, 1835

APPEAL from the circuit court of the United States for the district of Kentucky.

In January 1821, Sarah Carrington, a citizen of Virginia, widow and devisee of George Carrington, filed a bill in the circuit court of the district of Kentucky, stating, that at October term 1817, of the county court of Halifax county, in the state of Virginia, she, as the devisee, obtained a final decree on the chancery side of said court, against a certain John R. Williams, heir at law of John Williams, deceased, that he convey to her, his claims, as heir to the said John Williams, to all the military lands to which the said John Williams had title or claim in the state of Kentucky. The land so claimed by the complainant, consisted of one survey of one thousand acres of military land in the county of Adair, and near to the town of Columbia, No. 158; of one other survey on military warrant, of three hundred and fifty acres, situated on Beaver creek, in the county of Barren, No. 155; of another military survey of five hundred acres, situated on Beaver creek aforesaid, and in the county of Barren aforesaid, No. 227; of a location for one thousand acres of land south of the Tennessee river, and adjoining the land, or a tract, at the Iron Banks, founded on a military warrant, No. 155; of another entry or location of one thousand acres, on said warrant, adjoining the lands of Girault. She states that her testator had, in his lifetime, to wit, at May term 1803 of said county court of Halifax, obtained a decree against the said John R. Williams, that he should, by his guardian ad litem, John B. Scott, assign and transfer the said surveys and locations to the said George, the testator. That the said John B. Scott, in pursuance of such decree, did assign said papers to the said testator, as appears by his several indorsements on said papers. That in pursuance of the decree pronounced in her favour as devisee aforesaid, the said John R. Williams did afterwards, to wit on the 18th day of March 1820, by his deeds, duly acknowledged and proven according to the law of Virginia, convey and assign to her the several tracts of land aforesaid, as fully appears by his deeds filed, and made a part of the bill. That the said John R. Williams, after his arrival at mature age, prosecuted an appeal from the decree of the county court of Halifax aforesaid, to the superior court of chancery for the Lynchburg district; where and when, upon a final decree of the latter court, the decree of the county court aforesaid was affirmed in all its parts. She avers that the said county court of Halifax, had full power, authority and jurisdiction, to hear and determine, and to decree in the said cause, and to pronounce and to make all orders, judgments and decrees, which they have so made, touching the premises; and she further states and avers that the said superior court of chancery for the Lynchburg district, had full power authority and jurisdiction, to hear, determine and to affirm the decrees, orders and judgments of the county court of Halifax. She further states that the said judgments, decrees and orders, as before stated, stand, remain, and are in full force and unreversed, as will appear from a full, true and perfect transcript of the records and proceedings filed, and made a part of her bill. That having so obtained the decree, and obtained the possession of the assignments of the plats and entries aforesaid, and also the deed aforesaid, she had well hoped to have obtained and enjoyed the lands aforesaid; but she states that she is deprived of the benefit of her said decree and transfers, by a fraudulent combination between the said John R. Williams, who resides without the jurisdiction of this court, and a certain Samuel Brents, William Caldwell and Isaac Caldwell, citizens of the state of Kentucky, and who are made defendants to the bill. She states that the said defendants, will a full and perfect knowledge of her claim, and that of her testator, on or about the 6th day of January 1818, entered into a contract to purchase, for a price very inadequate, and no part of which have they paid, the two thousand acres of land south of the Tennessee river, as fully appears by certain articles signed by the said defendants and the said John R. Williams, of that date, filed, and made a part of the bill. That the said defendant, William Caldwell, for a consideration wholly inadequate, a very small portion of which, if any, hath been paid to the said Williams, about the 30th day of August 1815, pretended to buy of said Williams the aforesaid one thousand acres, near the town of Columbia; as appears by certain articles of agreement between them, of that date, filed, and made a part of the bill; and that the said defendant, Isaac, was fully apprised of the fraudulent combination to cheat and defraud her, and aiding and advising thereunto. She further states that the defendant, Samuel, with a full knowledge of her claim, and with a like intent to cheat and defraud her, about the 31st day of August 1815, entered into a contract with said John R. Williams for a part of said lands, as appears by certain articles between them, of that date, filed, and made a part of the bill: and that, notwithstanding that she was in possession of the original plats and certificates of survey, with the indorsements thereon, of which the defendants were well advised; that they have artfully contrived to obtain patents in the name of the said John R. Williams for the military surveys aforesaid; and have, as she is informed and believes, obtained to themselves, in some way, deeds for the whole of said surveys, and have also obtained assignments, or transfers, of the entries south of the Tennessee; and will, on such fraudulent assignments, obtain, or attempt to obtain, grants from the commonwealth, unless they are restrained by the interposition of the court. The bill prays an injunction, enjoining and restraining the said defendants, and each of them, from taking or receiving from the said John R. Williams any letter of attorney, deed, or writing, touching the lands now in controversy, until the matter can be fairly tried in equity; and, also, an order enjoining and restraining the said defendants, and each of them, from surveying, or attempting to survey, said entries south of the Tennessee river, or in anywise interrupting or hindering the complainant in surveying the same, or procuring a survey therefor; and, also, that the defendants convey and release all and any title they have acquired in virtue of any contract made with John R. Williams, or otherwise, and render up possession of the lands conveyed, and for other and further relief.

The answer of Samuel Brents states, that the lands in the complainants' bill mentioned, were entered in the name of John Williams, and so far as surveys have been made and registered, they have been in his name. He does not admit that any valid sale of the lands has been made, such as could bind John Williams in law or conscience. Since he has heard any thing on the subject of a contract between said Williams and George Carrington, he has understood it was a matter of doubt whether a contract of any kind took place or not, and if any ever did take place, it was after the operation of the statute of frauds and perjuries; was merely verbal, very vague and uncertain, and not at any time reduced to writing, and consequently not obligatory on the said Williams, or those claiming under him. Should any such verbal contract appear, (and he verily believes there never was any) he pleads and relies on the said statute to prevent frauds and perjuries, in bar and preclusion of the said contract, and of the claim of the complainants, or any person holding or claiming under the said contract. He is informed, and believes that the said John Williams and the said George Carrington lived many years in Virginia, in the same neighbourhood, and had many opportunities of consummating an exchange, or sale of said lands, if any existed; but that no suit was ever brought in the lifetime of said Williams; and that the respondent is informed, and believes, that the said Williams died some time about the year 1795 or 1796, and that the suit mentioned in said bill, upon which the decree (if any such existed) was founded, was contrived after the death of the said Williams (although it is pretended that the said contract was made many years before his death), when there was no person left who was able or willing to state the true nature of the dealings between the said Williams and the said George Carrington. He heard of a suit depending in some county court in Virginia, but heard and understood that it was founded on a contract not binding in law or equity. He states that he is informed, and believes, the said John Williams departed this life, leaving John Robert Williams, his son only heir at law, and that the lands, in the bill mentioned, descended to his said son; and that about the last of August 1815, the said John Robert Williams called on this defendant to attend to the securement of the titles to said lands. The respondent undertook said business, (the patents for said lands not having then issued) and proceeded with much care, labour and expense, and obtained patents for said lands, as far as said lands had been surveyed. Patents to a part of said lands, have not yet been obtained. Two thousand acres thereof, in two different entries, had not then been surveyed, and he does not know whether they are yet surveyed. The latter two thousand acres lie below the Tennessee river, in this state, and in the late purchase made of the Indians: the said lands lying in the Indian boundary, this respondent presumes is the reason why said two thousand acres have not been surveyed, registered and patented. The respondent, on the...