Luster v. Ball
Luster v. Ball
Opinion of the Court
delivered the opinion of the court.
Luster filed his bill in the chancery court -of Hawkins county against John and Nathan Ball, administrators of their deceased father, John Ball, and
Defendants answered, denying expressly that defendant rendered any services to their father for which he was entitled to compensation, and they relied upon the statute of limitations of two and one-half years as a bar to any claims against his estate. They admit certain payments before judgment which were credited, and of certain payments after judgment, which were also credited, after which the land was redeemed, and bala,nee of said judgments sunk up the same. Respondents deny that they redeemed the land for the benefit of complainant, but did so to save their debts, although they were willing he should redeem, and often requested him to do so, before the expiration of the time of redemption. They filed their answer as a cross-bill, setting out the facts above stated as to their redemption of said land, and having taken a sheriff’s deed thereto, and asking to be put in possession thereof.
The evidence does not show that complainant is entitled to any compensation for his services to the intestate. And if such services had been rendered as charged, compensation therefor could not be decreed to him, the statute of limitations being a complete defense thereto.
The complainant admits the rendition of the Bailey judgments, and the record shows that defendants paid $28.23, the balance thereof in redemption of the land,
While the cause was pending the matters in controversy in these causes were, by written agreement, referred to the arbitrament and award of Elias Beals, Bales Jeiffes and J. N. Williams, who were to hear the pleadings and proofs on file and other evidence, and to make their award upon principles of law and equity, and provided that the decision of a majority of said arbitrators should be final between the parties and be made the decree of the court in said causes. The award was made and signed by two of the arbitrators, within the time proscribed, one of the arbitrators dissenting therefrom. The award; after reciting the execution of the submission bond, and that the parties and their counsel had been present at their several meetings, and that the pleadings and all the evidence olfered by the several parties had been heard, proceeds by deciding that the bill of .Luster shall be dismissed, and declares the sale of the land under the 'execution of Bailey and the redemption by defendants John Nathan and S. H. Ball was valid; and the two years for redemption having expired before the filing of complainant Luster’s bill, the title of the said redeeming judgment creditors is valid, and awards the land to them. They further decide that complain■ant Luster .is not entitled to anything on account of
Affidavits were introduced by complainant, and the award, on his motion, was set aside, upon the ground that it was not made in accordance with the principles of law and equity. Defendants appealed, but this court dismissed the appeal, upon the ground that the refusal to confirm the award was not such an order or decree as entitled defendants to have the action of the court reviewed until a final decree was entered in the cause. Upon the cause being remanded, further evidence was adduced, and the chancellor held that the judgment in favor of Bailey was void, and all subsequent proceedings thereunder, including the redemption by defendants, were also void, and dismissed defendants’ cross-bill and gave relief under the-original bill, and defendants have appealed.
We are of opinion that the chancellor’s decree re^ fusing to confirm the award of the arbitrators was erroneous. It fairly met and disposed of the issues, by dismissing the original bill, and declaring the validity of the judgments named, as well as the redemption thereunder, and that Luster was not entitled to any relief.
These were the matters involved, and, as we think, they were decided correctly upon the record presented at that time, and as we should decide them now upon the additional evidence taken.
The complainant in his bill very distinctly states that a judgment was obtained against him in favor of
Reference
- Full Case Name
- Hamilton Luster v. John and Nathan Ball
- Status
- Published