Gunton v. Carroll
101 U.S. 426

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U.S. Supreme Court

Gunton v. Carroll, 101 U.S. 426 (1879)

Gunton v. Carroll

101 U.S. 426

Syllabus

A. and B. in November, 1848, entered into an agreement under seal providing for the settlement of longstanding and disputed accounts. A balance from B. to A. was ascertained and the mode of payment and security agreed upon. A. released property of B. from the lien of judgments. B. among other things stipulated that he would obtain partition of certain lands wherein he had an undivided interest and convey in fee the part assigned to him in severalty to A. at such price as should be adjudged by three appraisers, one to be appointed by A., one by B. and one by the other two, such price to be credited on the judgments held by A. against B., and that the latter would give good security for the balance remaining due. B. died in 1849. There was no partition until 1866, when it was effected by his devisees, a fact not known to A. until 1872. They have made to A. no conveyance of the part of said lands assigned to them in severalty. A. filed his bill in 1876 alleging that he had performed all the stipulations on his part to be performed and that $40,000 of the original debt with accruing interest remains unpaid, and praying for such a conveyance, for the ascertainment of the balance under the order of the court and for general relief. The devisees demurred.

Held:

1. That upon the case made by the bill, A's remedy was not barred by the lapse of time.

2. That A., having under the agreement parted with rights, and B. received value the consideration of which was in part the stipulation concerning the lands, the agreement for the conveyance can be specifically enforced, and the court will, if it be necessary, provide a mode for ascertaining the value of the lands.

Page 101 U. S. 427

The facts are stated in the opinion of the Court.

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