Miller v. Arthur
Miller v. Arthur
Opinion of the Court
delivered the opinion of the court.
J. W. Miller and D. F. Kagey were partners, conducting a banking business at Luray, Virginia, under the firm name and style of D. F. Kagey & Co., and also conducting a mercantile business at Mt. Jackson, Virginia, under the firm name and style of J. W. Miller & Co. Having failed for a very large amount, these two firms, on December 22,1890, united in a deed of assignment, conveying all their social and individual assets to trustees, to secure numerous creditors, whose aggregate claims amounted to over two hundred thousand dollars. A protracted and complicated litigation followed upon this assignment, involving a number of suits which have been heard together, vol
Prior to tbe date of the assignment mentioned, J. W Miller, one of tbe grantors, bad purchased under tbe decree in tbe cause of tbe Cecil National Bank v. J. W. R. Moore, a tract of land in Shenandoah county, known as tbe “Moore Farm.” Among tbe assets dedicated to creditors, tbis “Moore Farm” was conveyed, subject to tbe unpaid purchase money due thereon. Shortly after tbe date of tbe assignment an account was taken in tbe cause of Cecil National Bank v. Moore, showing that J. W. Miller still owed on tbis “Moore Farm” $8,212.89, as of January 1, 1890.
On the*31st day of August, 1894, the trustees in tbe general deed of trust sold to Sallie M. Miller, tbe appellant, tbe “Moore Farm.” Tbis sale was confirmed by decree of September 10, 1894, and a deed was made to tbe purchaser. Appellant having failed to pay her purchase money, tbe farm was resold and bought by G-. W. Lantz at tbe price of $18,000.00. Tbe balance due from tbe appellant on account of her purchase is tbe subject of tbe present controversy.
Tbe commissioner, to whom tbe cause was referred, ascertained that, after allowing all proper credits, including tbe proceeds of tbe sale to Lantz, there was a balance due from tbe appellant on account of her purchase of $1,352.44, as of February 1, 1899. Tbis report was confirmed by one of the decrees appealed from.
Tbe first assignment of error involves a construction of tbe terms of appellant’s purchase. Tbe contention is that, instead of being charged with $15,000.00, as the price agreed to be paid by her for tbe farm, she should only be charged with $12,000.00, as tbe purchase price, and with tbe further sum of $897.43, as tbe value of her contingent dower in the equity of redemption.
The second ground of error assigned is that the court refused to allow appellant credit for three payments of $450.00 each claimed to have been made by her to the National Bank of Baltimore.
It appears that in the spring of 1893 Kagey and Miller borrowed a large sum of money from the National Bank of Baltimore, with a view to buying up their indebtedness at a heavy discount. T. W. Allen became surety for this debt, and on the 7th of April, 1893, Mrs. Sallie M. Miller, the appellant, conveyed to the National Bank of Baltimore, among other claims, her dower interest in all of her husband’s real estate, and particularly her dower rights in the “Moore Barm,” to indemnify and save harmless T. W. Allen, who had become surety for the large sum borrowed by her husband, and D. B. Kagey. In May, 1894, when this indebtedness was reduced to $15,000.00, Allen was compelled to give his three notes of $5,000.00 each therefor, and to secure the same on a valuable farm owned by him, which was subsequently sold to satisfy the same. It satisfactorily appears from the evidence that the three payments of $450.00 each, which appellant now insists should be credited upon her purchase money, which belongs to the creditors in this case, were the proceeds of notes discounted for the purpose of paying the National Bank of Baltimore the semi-annual interest due to it on the Allen notes, amounting to $15,000.00; that the remittances were directly to the bank and applied at the time in the manner indicated. This transaction by Kagey and Mil
The third and last ground of error suggested, is that appellant Avas not alloAved credit upon her purchase money for certain liens against the “Moore Barm,” alleged to have been acquired by her.
These claims constituted part of the paramount liens which existed upon the “Moore Barm” at the time of its purchase by
In the case at bar the one who owed these claims paid them with his own means directly to the several parties entitled to collect, and it is clear from all the evidence hearing upon the subject, that the appellant is not entitled to credit upon her purchase money, due the creditors in this case, for the claims under consideration.
Upon the whole case, we are of opinion that there is no error in the decrees appealed from, and they must be affirmed.
Affirmed.
Reference
- Full Case Name
- Miller v. Arthur & Others
- Cited By
- 2 cases
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- Syllabus
- 1. Contingent Dower—Value—Case in Judgment.—A wife having bought her husband’s lands at $12,000, subject to dower, or $15,000, free of dower—“the sale being made in this way in order to fix the dower in said land”—and there being a number of debts paramount to her dower, the value of the contingent dower right is not to be determined in the ordinary way, but she should be charged with $15,000, as the purchase price of the land, and credited by one-fifth of the difference between that sum and the amount of the debts paramount to her dower, as the contract fixed the value of the dower at one-fifth of the whole. 2. Application of Payments—Case in Judgment.—A wife became the purchaser at a judicial sale of a tract of land which was part of a trust subject conveyed by her husband to secure his creditors. She had a contingent right of dower in the land worth $2,000. Subsequently, her husband, with a view to buying up his debts at a discount, borrowed a large sum of money from a bank, which was one of the creditors secured. To secure this loan he gave a nóte with a surety, and his wife afterwards conveyed her contingent right of dower in said land to indemnify and save harmless this surety. Afterwards, at the instance of the surety, she made three semi-annual payments of interest on the balance due on the loan, which payments were accepted by the bank as interest on the loan. The surety, it is alleged, promised that she should have credit for the sums so paid on the deferred payments due by her for the purchase price of the land, but neither the bank nor the trustees for the husband’s creditors were parties to any such agreement. Decree was asked for the balance due on the land, and she sought to obtain credit for the payments so made as aforesaid. Held-. This was an outside transaction, and she is not entitled to the credit claimed. 3. Payments by Debtor to Creditor—Extinguishment—Case in Judgment.—Payment by one who is primarily liable to one who is entitled to collect the debt is an extinguishment of the debt, and all liability therefor. However held, transferred or assigned, it is ever afterwards a mere nullity. In the case at bar the one who owed the claims paid them with his own means directly to the parties entitled to collect them, and they are not kept alive by the fact that he took receipts in his wife’s name.