Wiseman v. Hunter
Wiseman v. Hunter
Opinion of the Court
The opinion of the Court was delivered by
The Commissioner in equity was originally impleaded with the other defendants, but as to him, the appeal was not prosecuted and the petition was dismissed at the last session of this Court. It remains to inquire whether the Chancellor erred in not ordering an erasure of payment on the bond, which had been endorsed by the Commissioner on 13th August, 1862. The decree has not determined that Confederate currency was a legal tender in payment of debts. It is only held that under the circumstances of this case, the petitioners interposing
It is not proposed to repeat what is said by the Chancellor. But it is proved from the records, that prior to the decree of June, 1861, the petitioners, residents of Tennessee, had become parties in the cause, and were represented by their solicitor, who was actively engaged in substantiating their claim and prosecuting their interests. Under his supervision the order was made for the prompt collection of the bond constituting the funds of the estate. There was no qualification, no special direction to the officer, except that he should collect the bond “ with as little delay as possible.” It may be that at the date of the order (June, 1861,) Confederate notes were not y^t issued, and irredeemable bank paper alone was in circulation ; but soon after and before the payment in August, 1862, Confederate notes constituted equally the only circulating medium. In the meantime testimony was taken under the order of June, 1861, which established the claim of the petitioners, and on 4th May, 1863, the Commissioner presented his report, setting forth that the bond had been paid, and that the petitioners had established their right to participate in the undistributed property of the late Thomas Finley, '■ now in the hands of the Commissioner in Equity ” — and an order was accordingly made for payment of two-thirds of the fund to the petitioners. A fortnight afterwards, the solicitor of the several parties interested in the said fund, received from the Commissioner four hundred and ninety-seven dollars, “ in part of the shares of Anu Green, D. G. Finley, and Sarah Wiseman, being the amount applicable to fees and costs,” and two days subsequently, the same solicitor, as administrator of Ann Green, deceased, received from the Commissioner $799.45, on. account of her share in the same fund.
The decree of the Chancellor is affirmed and .the appeal dismissed.
Motion dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.