On the stipulation of such of the parties as are before this
Court, the decree of the court below is reversed without costs and
the cause is remanded with instructions to proceed in accordance
with the stipulation, but without prejudice to the rights of other
parties to the suit who were not before this Court on the
appeal.
Motion by complainant below and appellant here for an order
reversing the decree of the court below and to remand the cause.
The motion was supported by a stipulation authorizing it. The case
is stated in the opinion of the Court.
MR. CHIEF JUSTICE delivered the 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 percent 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 28th 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.
Page 123 U. S. 620
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 as 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:
"
I
n 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
Page 123 U. S. 621
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 insofar as said court found in favor of said Sarah G.
Davenport, and insofar 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 insofar 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 before sale 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 circuit 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. "
Page 123 U. S. 622
"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.