John McLean

“ Whether the conveyance be directed to be made to Thompson, or to him and his wife, is not a matter for the appellants. It is a sufficient answer to their claim that it can properly be made to either or both. This court is competent to rectify the decree in favour of those entitled. As to the ground that no proof is shown for a specific performance; it is answered, that the averments and proof are sufficiently distinct. 1. As to the property embraced in the arrangements. 2. As to the nature of the estate to be created. 3. As to the consideration. ”

“ The bill itself does not ask for a conveyance on the ground of repairs, but goes solely upon the contract of gift by the father to the daughter. If repairs could give a title, a parent in debt might, on this pretence, and in defiance of creditors, settle all his estate on his children.
2. If there was a gift, and it could be enforced in equity against King's heirs, it is void against creditors.
George King was largely indebted at the time of the pretended gift. Many of those who were creditors at the time continue to be creditors to this day, and are now resisting Thompson's claim. ”

“ Raphael Semmes, the trustee of George King's creditors, and Charles King, one of the principal creditors, filed their answers to the bill of the complainant, in which they deny that the improvements were made on the property as set forth in the bill, and insist that George King, at the time of the intended gift, was embarrassed and unable to pay his debts; and they insist that the right set up by the complainants is fraudulent and void as against creditors. ”

“ The other heirs of George King have the legal title, and having equal equity with the complainants, Thompson and wife, no court of equity would disturb them.
As between the parties, a court of equity will not interfere to set aside a fair, voluntary conveyance. But it is a clearly settled rule, that chancery will not decree a specific performance of a mere voluntary covenant, without consideration, to make a conveyance ”

“ The precise form in which the relief sought in the circuit court by Thompson and wife shall be given, is therefore altogether immaterial.
The appellants, in their first position, assert that the letters of George King do not import a contract binding him or his heirs to convey the property in fee to Thompson and wife; nor does the bill ask for such a conveyance. They say the letters and proof in the case show no contract concluded or ascertained, with sufficient certainty, to warrant a decree for specific execution. ”

“ Whatever uncertainty may exist, as to the terms of the contract, there can be no question that the complainant acted under it, in taking possession of the property and expending a large sum of money in its improvement. ”

“ The evidence showed that debts due to the banks in the District of Columbia, and indorsements on notes, existed at the time, which were not paid during his life, and created the great deficiency in his estate, which is not now denied. The proceedings of the plaintiffs in error, were to subject the whole real estate of George King to the payment of his debts; there being a deficiency of personal assets. ”

“ The consideration was actually paid by Thompson. He laid out large sums in valuable improvements, and owing to the depreciation of the property, these sums cannot be reimbursed. To make a consideration valuable, there need be no pecuniary benefit passing to the vendor. Any thing injurious or detrimental to the other party, is equally operative in making the contract binding. ”

“ John W. Baker deposited 1190 dollars 18 cents, part of this purchase money in the Mechanics Bank of Georgetown in 1826 and 1827, to remain until the termination of this suit; the first deposit was made on the 26th of July 1826, after the filing of this bill. ”

“ On the 29th of April 1816, King replies, 'I make no hesitation in complying with your first proposal, for it is just what I proposed in my first to you, and I will do it another way, giving you your choice: viz. ”