James Moore Wayne

“ Not having been charged with fraud on the bill, or placed by it in any such relation to the land or to the complainants, no case exists for the interference of a court of equity. Whether they occupied the lands as the tenants of Binns, or as declared in the original bill, or as tenants in possession under another; the complainants are to be supposed to have their remedy at law for the recovery of the land until they shall charge and show that the tenants obtained, and retain possession, in contravention of some equity subsisting between them and the complainants. ”

“ There is no proof that Elijah Hixon and others, claiming to be the heirs of Timothy Hixon deceased, are his children. Such proof is indispensable; and, for want of it, it does not appear they have any interest whatever in the land. They sue as heirs, and not as devisees; and the allegata et probata must correspond.
Messrs French and Underwood contended, that the equity relied on by the appellees is twofold.
1. They relied upon an entry for two thousand acres of land, carried into grant, in pursuance of a special act of the general assembly of Kentucky. ”

“ He was guilty of deceitful practices and artful devices, contrary to the plain rules of common honesty and fair dealing between men; and could not acquire a title to the land, valid against the equity which he had acknowledged to be in the complainants. It is unnecessary to pursue this point further. The decree of the court directing Ringo to convey, must be affirmed: and the proposition laid down by this court is, that if an agent discovers a defect in the title of his principal to land, he cannot misuse it to acquire a title for himself ”

“ In both he acknowledges himself to be the agent of the complainants: but, by the tenor of his letters to Binns, he conceals from and misrepresents to Littlejohn, and under the pretence of a friendly wish to save Binns from unnecessary expense, he tells him that as no survey had been made and no grant had existed, that he need not go to any expense about it, as it appears no grant can now issue; that he will be wrong to think there was no better right to the land. ”

“ It is said, that an unregistered survey gave to them no equitable right in the land; and that Ringo being only an agent for the special purpose of dividing the land, he could rightfully enter and survey it for himself when he ascertained the defect in the title of the complainants. The proposition of a want of equitable right in the complainants, is true as against the state: for the time within which the survey should have been returned and registered before a grant could issue had expired ”

“ The evidence falsifies every allegation in the answer. It is even impaired in credit, by the depositions taken to support it; they are merely negative, the witnesses 'knowing nothing' of the material facts.
The counsel for the appellants contended, that as Ringo had procured the elder grant, under which the legal title passed; his claim was superior in law and equity to that of the appellees. The reply to this argument is to be found in all the decisions of the states of Virginia and Kentucky on the subject, and of this court in 5 Cranch. ”

“ It is contended that the decree is erroneous and should be reversed. In behalf of Ringo it is urged that he has a prior legal title, unaccompanied by any equity of the complainants. The legal title must rest upon entry, survey, registry and patent; and it will be admitted that a legal title cannot be in any one until a patent has been issued; and further, that all of those requirements to make a complete title, shall have been done without fraud, to give to a patentee a valid title. ”

“ The evidence proves, that at one time they professed to hold under the appellees; at another, under the appellant Ringo; and now, only claim the legal title. Their claim to compensation for improvements on another's land, cannot, on the general principles of law, be allowed. ”

“ And moreover, if it were responsive, and not positively contradicted by two witnesses; the fact, if important, could not avail, inasmuch as the answer being deprived of credibility in other respects, is so in this; for falsum in uno falsum in omnibus. ”