Bond v. Davenport/Opinion of the Court

This is an appeal by the complainant below from the following part of the decree in the cause: 'It is further ordered, adjudged, and decreed that the said respondent, Sarah G. Davenport, pay to the complainant the sum of five hundred and sixteen and 77-100 dollars, with interest at the rate of six per cent. per annum from the tenth day of May, 1883, the same being the amount, with interest, which the undivided half of the south half of block fifty-nine, (59,) which descended to, and has become vested in, the said Sarah G. Davenport, as the mother and an heir at law of the said George A. Davenport, deceased, is chargeable for and on account of taxes on said block fifty-nine, (59,) which were paid and discharged out of the money advanced by the said Equitable Trust Company on the twenty-eighth of June, 1875; and that, on failure to pay the said sum within the time herein limited, the said master sell, at public sale, so much of the said Sarah G. Davenport's undivided half of the south half of said block fifty-nine (59) as shall be necessary to pay the same. Such sale to be made at the same place, and in the same manner, and in all respects as is herein prescribed for the sale of the property of the said George A. Davenport, and with like effect. It is further ordered, adjudged, and decreed that upon payment by the said Sarah G. Davenport of the said sum of five hundred and sixteen and 77-100 dollars to the said complainant, complainant's bill be dismissed as to the undivided one-half of the south half of said block fifty-nine, (59,) which vested in and to which the said Sarah G. has become entitled, as the mother and heir at law of the said George A. Davenport, deceased. And it is further ordered, adjudged, and decreed that, as between the complainant and the said Sarah G. Davenport, the said Sarah G. Davenport recover of complainant the costs of this suit, so far § made, in trying the issue of the sanity of said George A. Davenport at the time of the making and delivery of said mortgage set up in complainant's original bill.'

The only parties to the suit who are before this court are Henry R. Bond, trustee, complainant below and appellant, and Sarah G. Davenport. These parties have filed in this court the following stipulation:

'IN THE SUPREME COURT OF THE UNITED STATES.

'Henry R. Bond, Trustee, Appellant, vs. Sarah G. Davenport,     Appellee.

'Appeal from the circuit court of the United States for the     Southern district of Iowa.

'In the before-mentioned suit, it is stipulated by and     between Henry R. Bond, trustee, complainant and appellant,      the Equitable Trust Company of New London, Connecticut, the      holder of the bonds secured by the mortgage sought to be      enforced, and Sarah G. Davenport, appellee, being the sole      parties in interest, as follows, to-wit: (1) Said Sarah G.      Davenport hereby withdraws the answer and cross-petition      filed by her in said suit, and all evidence offered and introduced by her in said circuit court, and      consents and agrees that the same shall not be considered as      part of the record. (2) It is agreed that a decree shall be     entered by the supreme court in said suit reversing the      decision and decree of the said circuit court in so far as      said court found in favor of said Sarah G. Davenport, and in      so far as said court, by its decree, denied to complainant      the relief by him prayed, as against the undivided half of      the south half of block fifty-nine, (59,) in the city of      Davenport, Iowa, claimed by Sarah G. Davenport, as mother and      heir at law of George A. Davenport, deceased, and in so far      as said court, by its said decree, undertook to dismiss      complainant's bill as against said property, and tax certain      costs to complainant; and that this cause be remanded to said      circuit court, with instructions to enter a decree in      complainant's favor, declaring the sums owing upon said      bonds, secured by said mortgage, to be a lien upon the      premises in said mortgage described, as of the date of said      mortgage, and directing sale of sufficient of said premises      to pay the same, and further directing that the receiver      heretofore appointed in said cause shall turn over to the      complainant all the funds in his hands arising from the      rentals of said premises, the same to be credited upon the      amount found to be owing upon said bonds secured by said      mortgage beforesale of said premises, and further directing      that the complainant be permitted to further plead, and bring      in new parties, if so advised. (3) The complainant and     appellant is excused from printing the record in this suit,      save and except such portions thereof as to him shall seem      material to enable the court to dispose of said suit under      this stipulation. (4) The attorney or solicitor who has     entered his appearance in this suit is authorized to consent      to such demand or requirement of the complainant or the said      court as shall enable the complainant to have the said decree      of the cir. cuit court reversed, said cause remanded, and a     final decree entered in the circuit court in complainant's      favor, and for that purpose is hereby authorized to appear in      said circuit court to any pleading filed by the complainant.

(5) No personal judgment shall be entered against the said     Sarah G. Davenport in said suit, or any costs taxed either      against her, or in her favor.

'November 16, 1887.

'HENRY R. BOND, Trustee,

'By JAYNE & HOFFMAN, Attorneys.

'SARAH G. DAVENPORT.

[Seal.]

'THE EQUITABLE TRUST COMPANY,

'By JAYNE & HOFFMAN, Attorneys.

'W. F. BRANNAN, of Counsel for Complainant.

'GEO. E. HUBBELL, Attorney for Sarah G. Davenport.'

The appellant now moves that the forgoing part of the decree, from which the appeal was taken, be reversed in accordance with the stipulation of the parties, and that the cause be remanded, with instructions to enter a decree in favor of the complainant as agreed. This motion is granted, and the decree reversed, without costs; and the cause is remanded, with instructions to proceed in accordance with the foregoing stipulation of the parties to this appeal, but without prejudice to the rights of the other parties to the suit.