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John C. Yerger, Appellant, v. William H. Jones, and Robert S. Brandon, Executors of William Brandon, deceased U.S. 30 (1854)

handle is hein.slavery/ussccases0225 and id is 1 raw text is: 80 SUPREM1E COURT. Yerger v. Jones et al. JOHN C. YERGER, APPELLANT, V. WILLIAM I. JONES, AND ROBERT S. BRANDON, EXECUTORS OF' WILLIAm BRANDON, DECEASED. Where a person who was actipg as guardian to a minor, but without any l'gal an- thority, being indebted to the minor, contracted to purchase real estate for the bene- fit of his wird, and transferred his own property in part payment therefor, the ward cannot claim to receive from the vendor the amount of property so transferred. He can either complete the purchase by paying the balance of the purchase-money, or set aside the contract and look to his guardian for reimbursement; but in te ab- sence of fraud, he cannot compel the vendur to returnsuckpart of the purchase- mouey as had been paid by the guardian. THIS was an appeal from the District Court of the United States for the Northern District of Alabama, sitting as a court of equity. It was a bill filed by John C. Yerger, a minor, suing by his next friend, against William Brandon in -his lifetime, and aftei his death revived against his executors. The material facts in the case were -not disputed; but the controversy depended upon the construction put upon those facts. In 1835, Albert Yerger, the father of the appellant, and .a citizen of Tennessee, made a nuncupative will and died. In this will he expressed his desire that, with certain exceptions, all his property should be equally divided between his wife and son. There was also this clause-in it; and he also stated he wished Col. James W. Cpmp td manage his plantation, and to have discretionary power as to its management, and to sell it if he thought it most beneficial to do so; and he desired, and declared his will to be, that his' son should have his plantation. Camp removed into Madison county, Alabama, at some period which is not exactly stated in the record, but probably about 1837. He carried with him some eight or ten negroes, which belonged to the boy. In August, 1842, and May, 1843, Camp executed two deeds of trust to James W. McClung, for the benefit of certain cre- ditors. . On the 14th of August, 1843, McClung had a sale of the pro- perty, when William Brandon purchased i:he tract of land upon which Camp lived, containing nine hundred and sixty acres. On the 23d of August, 1848, Camp made an arrangement with Brandon to this effect, viz. that Carap should repurchase the land from Brandon for eight thousand dollars, give his note for that sum payable in tWo years with interest, and convey cer-

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