Long v. Thayer

Statement by Mr. Justice BROWN:

This was a bill in equity filed by Thayer to enjoin the enforcement of a judgment obtained by Long against one Townsend R. Smith, a tenant under Thayer, of a lot in Kansas City.

Thayer had bought the lot of Skiles and Western under a contract signed by one J. F. Kinney as their agent, dated June 30, 1870, by which, in consideration of $50 in cash, a promissory note at three months for $102.50, and another note at one year for $150, with 10 per cent. interest, Skiles and Western had agreed to give Thayer a deed, with a proviso that failure to pay either of said notes at maturity should forfeit the contract. A few days thereafter, and on July 9, 1870, Western died. Thayer took possession under his contract, and made all the payments as therein required to Kinney, but at the time the last payment was made (August 14, 1871) he was informed by Kinney that Western had died. At the time he made the first payment, (September 13, 1870,) Western was dead, but Thayer was not informed of it. After Thayer went into possession, he erected a frame cottage with the usual outbuildings and improvements, and remained in possession of the premises until the filing of this bill.

In 1885 or 1886, Western's widow married Long, the plaintiff in the ejectment suit, and Western's heirs, Lucy U. Western and Elgin U. Western, made a warranty deed of the land to Long, who shortly thereafter brought suit in ejectment against Townsend R. Smith, Thayer's tenant. Thayer, learning of the suit, intervened, and was made a party defendant. He set up an equitable defense, which was overruled as inconsistent with the practice of the federal courts. Thereupon, he filed this bill, and applied for an injunction to restrain Long from further prosecuting his suit. There was no evidence tending to show that any administrator or executor had been appointed for Western's estate, or any guardian for his minor heirs, capable of receiving payment from Thayer. Skiles' interest became vested in Western by virtue of a partition suit and litigation over the title to the land in question, to which litigation Thayer was not made a party. These partition proceedings occurred in 1873, after Thayer had made his last payment.

Upon a final hearing the circuit court decreed that, upon payment by Thayer into court of the sum of $126.25, with interest at 10 per cent. from June 13, 1870, the injunction be made perpetual, and that the defendant place in the registry of the court deeds of the interest of the Western heirs, and a quitclaim of his own interest in the property in controversy to the appellant, etc. From this decree the defendant Long appealed to this court.

A. H. Garland and H. J. May, for appellant.

Wm. A. McKenney, for appellee.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.