Wilson v. Riddle

Citations

• 123 U.S. 608
• 8 S. Ct. 255
• 31 L. Ed. 280
• 1887 U.S. LEXIS 2201

Syllabus

<p>APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA.</p> <p>In April, 1853, E. made a deed to himself, as trustee, of land in Georgia, for the benefit of his wife and their children, during the life of the wife, and, after her death, of such children, which deed was recorded in May, 1853, in the office of the cleric of the Superior Court of the county in which E. resided. In May, 1870, E. mortgaged to IV. the trust land and other land. W. foreclosed the mortgage, and on a sale, in 1S7G, bid in the mortgaged lands, and obtained from the sheriff a deed of them and took possession of them. In 18'81, the beneficiaries under the trust deed brought a bill in equity in the Circuit Court of the United States, against IV., to have the trust established. Among the defences set up by IV., he alleged that the trust deed was fabricated after the mortgage was made, and was antedated, and that he had no notice of the existence of the trust deed at or before the execution of the mortgage of May, 1870, or before the sheriff’s sale in 1870. The Circuit Court, without making any pi’cvious order for the trial of issues of fact by a jury, had a trial by jury of the two questions above mentioned. The jury found in favor of the plaintiffs on both questions. The defendant had bills of exceptions signed to the rejection of evidence and to the instructions to the jury. The suit in equity was heard by the same judge who presided at the jury trial. No motion was made for a new- trial. The decree was for the plaintiffs, on the same proofs which were before the jury. On appeal by the defendant, Held :</p> <p>(1) No previous order for a jury trial was necessary, nor any certificate to the chancellor of the findings;</p> <p>(2) The submission to the jury of the particular issues was not an unlawful exercise of the discretion of the Circuit Court;</p> <p>(3) The formal exceptions taken on, the jury trial will not be considered by this court;</p> <p>(I) The dec