Summar v. Owen
Summar v. Owen
Opinion of the Court
delivered the opinion of the Court.
Complainants in these consolidated causes are judgment creditors of B. L. Owen, and file their bills to subject his interest in the estate of his father, Fountain Owen, deceased, to the satisfaction of their judgments. Fountain Owen died in Cannon County, in July, 1866,
This agreement was to be made the decree of the
The Chancellor so held, excluding the deed made to R. L. Owen’s wife and children, as evidence, on the ground that it was not stamped, and also because it was not properly proved for registration. The children of' R. L. Owen were not parties to the bill filed to set aside the will and deeds, nor to the agreement for setting them aside, nor are they parties to the bills filed by complainants.
Upon these facts, did R. L. Owen have such an interest in the estate of Fountain Owen as could be reached by the bill of complainants. They are creditors of R. L. Owen, not of Fountain Owen. It was, therefore, immaterial to them whether the deed made by Fountain Owen to the wife and children of R. L. Owen was properly registered or not. But the certificate of the Clerk is in substantial conformity with the law to authorize its registration. The witnesses
The agreement entered into by the children, except the minor daughter, was signed by the daughters-in-law, but no privy examination was had. It is clear that as to the wife and children of R. L. Owen, the agreement was a nullity, and it derives no force or efficacy from the fact that it was spread upon the minutes of the Court, nor would it have been of any more validity if it had been ratified as the decree of the Court. It shows on its face that it was signed by R. L. Owen’s wife, without her privy examination. It need not be stated that the will of Fountain Owen could not be set aside by such proceeding. It follows, that as to anything that 'appears in this, the will of Fountain Owen is yet in full force, and so also is the deed made by him' to R. L. Owen’s wife and children, and, consequently, that R. L. Owen has no interest subject to attachment.
The decree of the Chancellor is reversed, and the bills dismissed with costs.
Reference
- Full Case Name
- C. B. Summar v. R. L. Owens., and Wm. Barton v. R. L. Owens.
- Status
- Published