THIS was an appeal from the Circuit Court of the United States for the eastern district of Louisiana.
The facts in the case were complicated, and not to be understood by a brief narrative. The reader is therefore referred to the opinion of the court, in which they are historically related.
It was argued by Mr. Taylor for the appellant, who also adopted a brief filed by Mr. Steele, and by Mr. Benjamin for the appellees.
I. A mortgage in the State of Louisiana, when duly inscribed in the register of mortgages, in the parish where the debtor has his domicil, will affect or bind the slaves of the debtor, no matter in what part of the State such slaves may be employed.
C. C., 453, 454, 458, 461, 3246, 3247, 3248, 3250, 3216, 3238.
C. M. Hyams v. McH. Smith, 6 An., 363.
Patin v. Creditors, 9 L. R., 71.
Hooper v. the Union Bank of La. et al., 10 R. R., 63; 11 R. R., 20.
Cumming v. Bionalt, Curator, et al., 2 An., 794.
Crouch v. Lockett, 3 An., 121.
Bibb et al. v. Union Bank, 3 An., 324.
Spencer v. Amis, 12 An., 127.
Voorhies v. De Blanc, 12 An., 864.
II. No mortgage of any kind existed in favor of the heirs of Hampton upon the slaves, which are the object of the present action, on the 2d day of February, 1841, when they filed their intervention in the suit then depending in the Parish Court of New Orleans, wherein the syndics of the creditors of Thomas Barrett were plaintiffs, and Robert Bell was defendant, or at any time thereafter, nor did any privilege exist on them in favor of the heirs of Hampton; and these slaves were then affected by and subject to the judicial mortgages resulting from the judgments duly recorded against Thomas Barrett in the parish of New Orleans, where he had his domicil.
C. C., 3333.
Transcript, 104 to 108.
C. C., 2216, 3246, 3247, 3248, 3250, 3238, 3289, 3317, 3318, 3290.
III. The proceedings had in the case of the Syndics of the Creditors of Thomas Barrett against Robert Bell, in the Parish Court of New Orleans, upon the intervention of the heirs of Hampton, filed therein, were and are, so far as to the mortgage rights of the Union Bank on the property of the insolvent Barrett, res inter alios acta, and can have, in law or equity, no effect in sheltering the slaves in question from pursuit, when the object is to subject them to the operation of the judicial mortgages which existed in favor of that bank, at the time of making such intervention. Neither was there anything in the proceedings in the case of Thomas Barrett v. his Creditors which could have had any such effect.
Bullard and Curry's Dig., 479, and seq., secs. 44, 10, 11, 12, 44, 45, 46, 15, 16, 31, 35.
Brown v. Kenner, 3 M. R., 278.
Saul v. Creditors, 7 N. S., 425.
Rivers v. Hemstack, 2 R. R., 187.
Egerton v. Creditors, 2 R. R., 201.
Corion v. Millaudon, 3 An., 664.
Gravin v. Lafon, 7 N. S., 613.
Pandelly v. Creditors, 9 L. R., 387.
Morgan v. Syndics, 4 L. R., 174.
Morgan, Dorsey, & Co. v. their Creditors, 19 L. R., 84.
Suc. of A. Petayvin, 10 R. R., 118; 1 An., 92.
C. C., 1169, 1170.
Robert v. Creditors, 2 An., 535.
Lee v. Creditors, 2 An., 994.
West v. Creditors, 3 An., 532.
Williams v. Nicholson, 5 An., 720.
I. The bill must be dismissed, for want of proper parties. This objection was taken in the court below, and is insurmountableThe bill prays to annul a judgment rendered in a suit between the syndics of Thomas Barrett and Robert Bell, and the heirs of Wade Hampton intervening; yet neither of the original parties to that suit is before the court, and only one out of the three intervening parties.
It seeks to set aside a sale made by Barrett's syndic and Robert Bell to the three heirs of Wade Hampton; yet none of the vendors are before the court, and only one of three purchasers is made party.
The bill attempts to excuse the want of parties that it admits to be necessary, by averring them to be beyond the jurisdiction of the court.
This excuse cannot avail.
Shields v. Barron, 17 Howard, 130.
Corion v. Millaudon, 19 Howard, 113.
II. The Parish Court of New Orleans was vested by law with full power over all the property ceded by the insolvent, and over the respective claims of the creditors. This jurisdiction has been exercised, and the regularity of the proceedings and legality of the action of that court cannot be reviewed in this court, which has no jurisdiction over the settlement of insolvencies in the State courts.
Any error or illegality in the proceedings of the Parish Court should have been corrected by appeal to the Supreme Court of Louisiana.