Page:Federal Reporter, 1st Series, Volume 7.djvu/21

 OHEW V. HYMAN. 9 �duct a suit then pending in the supreme court of the United States, in which said John A. Washington was appellant, and Mahlon D. Ogden was appellee, to a determination thereof, and to pay all costs and charges necessary to conduet said suit ; and said exeoutor agreed to pay Hughes, as compensa- tion for his services rendered and to be rendered by him in the said suit, one-third of the proceeds of the sale of the real estate of John A. Washington lying in Cook county, Illinois", after payment of the encumbrance then on said laud, or to give Hughes, in lieu of said proportion of proceeds, one-thiird part of said teal estate which might remain after payment Of the encumbrances, — Hughes to pay all the expenses of employ- ing counsel and conducting said suit; and in case of a dietei*- mination thereof in favor of Ogden, he was to receive' no com- pensation for his services rendered or ta be rendered.' By the terms of the other of these contracts, Hughes was td take charge of the half section now in controversy, and one other tract, and to sell so much thereof as was necessary to pay the encumbrances thereon, and advance the money required to pay the encumbrances and taxes, and was to receive for his services one-fourth of the proceeds after paying the encum- brances and expenses. The proof also shows that in the spring of 1862 the executor gave to Hughes a power of attor- ney to bring and defend any suits concerning the estate of John A. Washington in Cook county ; also to negotiate and make sales of said property, or any part thereof, and apply the proceeds to the payment of any encumbrances or any other debts in Illinois, and to such other objects and ends as Hughes might deem best. �On the twelfth day of March, 1864, Susan G. Williams, the payee and holder of the bond secured by the deed of trust from Johnson to Lemoyne, filed upon the chancery side of this 30urt her bill, setting ont in substance that said bond tiad, by its terms, become due and payable on the sixteenth of Febrti- ary, 1864, and that the same remained wholly unpaid; that. said John A. Washington had assumed the payraent of said indebtedness, and had died, and that Eichard B. Wash- ington was his executor; that Mr. Lemoyne, as trustee, was- ��� �