Stump v. Henry

Eccleston, J., delivered the opinion of this court. The complainants, (the present appellees,) as heirs at law of Isaac Henry, claim title to one undivided third part of certain lands, situate in Harford county, the remaining two thirds of which they say belong to the defendant Thomas C. Stump. And the bill is filed to effect a partition. Stump, (who is in fact the only defendant having any real interest in the controversy,) denies in his answer, the title of the complainants, and relies upon limitation.

It will be seen however, that in reference to his own title, he says “he purchased said lands from the trustee appointed by the chancellor to sell all the interest of John Richie and John Forwood in said lands, and hence this defendant avers that he holds and claims all of said lands that was ever owned, held or claimed by said Forwood and Richie.” Again this defendant says: “That the complainants are probably entitled to some part of some of the named tracts, which is not claimed by defendant, but this is not admitted or denied by this defendant, but merely stated byway of making it plain what this defendant claims, which is, all that was held, possessed or claimed by either said Richie or said Forwood.” It is evident then that Stump claims under Richie and Forwood. The appellees’ counsel has insisted, that as Stump, in his ²⁰⁷ answer, says he purchased the land from the trustee appointed by the chancellor to sell the interest of Richie and Forwood, as the proceedings in that case are in the present record, the matters alleged or stated in the bill filed by Richie, may be used as evidence in regard to the title under which he held the land. Admitting it to be true, as a general rule, that a bill in another cause cannot be used as evidence, the rule does not apply in a case like the present. In the first place the bill referred to is not simply signed by a solicitor, but is sworn to by the complainant.

In addition to which, the answer of Richie to the cross-bill filed by Parker Forwood, admits the filing of the bill now sought to be used as evidence, and states it was for the purpose of obtaining a reconveyance of the lands mentioned therein. Under such circumstances it cannot be doubted that the plaintiffs may use the billas evidence. 1 Greenlf. on Ev., sec. 551. 2 Hall’s (N. Y.,) Rep., 444, Belden vs. Davies. 4 Alabama, 227, Durden vs. Cleveland. 2 A. K. Marshall, 491, Rankin vs. Maxwell. The bill states the lands were sold under an execution to satisfy a judgment of John Sample’s against Richie, and were purchased by Henry Woolsey, John Sample and Isaac Plenry; making reference to the deed of John Moore as sheriff of the county, to the three purchasers: That the lands were sacrificed for a mere trifle compared with their actual value, and being anxious to regain them, wdth a view to accomplish this object, he (Richie,) applied to John Forwood, who, partly out of friendship and partly to secure a debt due to him, consented to advance money enough, with what Richie could raise, to repurchase the land from Woolsey, Sample and Henry; on condition that the deed should be made to Forwood, with the understanding that when the money so advanced should be refunded and his other claim paid, he would reconvey the property to Richie: That in accordance with the arrangement, Forwood purchased from Woolsey, in 1818, all his interest in the land, the deed for which was made to Forwood, and is referred to: That in 1824, he also ²⁰⁸ purchased of James Johnson and John Kelly, the interest •which Sample had held in the land, he having sold the same to Johnson and Kelly, who gave a deed to Forwood, to which reference is also made. Under Richie’s bill, the heirs of John Forwood were made defendants, he being dead.

Under the bill filed by Parker Forwood, one of the defendants in the first case, Richie and others are defendants. By agreement, the two causes were consolidated anda decree passed, on the 12th of August 1839, for the sale of the lands mentioned in the proceedings, the money arising from the sale to be brought into court, to be distributed as the chancellor might direct. At the sale by the trustees under this decree, Thomas C. Stump, (the present appellant,) became the purchaser of the lands now in controversy. The plaintiffs as the heirs at law of Isaac Henry, claim an