Ewell v. Tidwell
Ewell v. Tidwell, 20 Ark. 136 (1859)
Winning Party
John Ewell
Key Issue
Claim for ownership of slaves based on fraud and inheritance.
Case Type
CIVIL
Facts
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John Ewell and Martha Ann, his wife, filed a bill in chancery in the Bradley Circuit Court.
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Complainants claim Mrs. Ewell is the only child and heir at law of Koen, who changed his name to John Eolen to defraud creditors and prevent identification.
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Koen was in possession of the negroes from 1846 to 1853.
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A settlement was made between Lewis and Koen in 1846.
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A settlement was made between Koen and Mrs. Ewell in 1846.
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The complainants claim title to the negroes on three grounds.
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Martha Ann is the administratrix of the estate of Lorenzo D. Lewis, her former husband, and tutrix of her two children, Richard M. and Mary Emma Lewis.
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Capel purchased the negroes at public sale for the benefit of Koen.
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The lawsuit was filed after the statutory period of limitations.
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The settlement was intended to satisfy the mortgage.
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Lewis allegedly loaned the negroes to Koen, who fraudulently removed them to Arkansas.
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The settlement was made in October 1846.
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Koen, in 1840, became the natural tutor of his daughter, Mrs. Ewell, and took possession of property worth about $4,800.
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The suit is against Eli J. Tidwell, as executor of the last will and testament of John Kolen or Jonathan H. Koen, deceased, and several negroes.
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Koen executed a mortgage to Mrs. Ewell on most of the negroes to secure the amount in his hands.
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A paper writing was presented as evidence of the settlement.
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Lewis purchased the negroes from Capel.
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Koen was in possession of the negroes from 1846 until his death.
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In 1846, a settlement was made between Koen and Mrs. Ewell, with Lewis as a party, and the mortgage was allegedly satisfied.
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Koen's will bequeathed the residuum of his estate to certain negroes (whom the will declares to be free), consisting of lands, the negro defendant, Charles, and other personalty.
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Complainants assert title under Lorenzo D. Lewis, alleging that Koen was indebted, and the negroes were sold under execution to Charles Capel, who sold them to Lewis.
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Key Holdings
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Free negroes cannot own slaves because it is against public policy and subversive of the principles upon which slavery exists.
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Lewis relinquished his interest in the negroes to Koen, as evidenced by the settlement in 1846 and Koen's subsequent adverse possession.
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Even if the 1846 settlement was invalid, the right to possession of the negroes or a decree of foreclosure and sale was barred by the statute of limitations because Koen possessed the negroes adversely from 1846 to his death in 1853.
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Free negroes can own lands and make contracts.
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A court of equity does not have jurisdiction to set aside a will for fraud in obtaining it; such jurisdiction is vested in the Probate Courts and Circuit Courts upon petition for an issue to try the validity of the will.
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The mortgage from Koen to Mrs. Ewell was satisfied by the 1846 settlement, discharging the negroes from the incumbrance.
Citations
Ewell v. Tidwell, 20 Ark. 136 (1859)
Legal Reasoning
The court reasoned that the mortgage was satisfied, the statute of limitations barred the claim, Lewis relinquished his interest, a court of equity lacks jurisdiction to set aside a will for fraud, and free negroes cannot own slaves. However, the court also held that free negroes can own property and make contracts. The court found that Koen died intestate as to the negroes Edmond and Charles, as Edmond was not emancipated by the will and free negroes cannot own slaves.
Outcome
The decree of the Court below was reversed as to Ewell and wife, and affirmed as to the other complainants. The case was remanded with directions to decree the two negroes, Edmond and Charles, to Ewell and wife, in distribution, after the payment of the debts of Koen, and the expense of administering his estate.
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