IN error to the district court of the United States for the eastern district of Louisiana.
In the district court of the United States, on the 30th of March 1831, the attorney of the district filed a petition of complaint, on behalf of the United States, against Seaman Field, Samuel J. Peters, and Thomas Toby, residing in the city of New Orleans, syndics of L. E. Brown; stating that one Lewis E. Brown, of the city of New Orleans, on the 27th of October 1829, executed a certain bond to the United States in the sum of 1366 dollars 20 cents; and suit having been brought in the said bond, judgment in favour of the United States was obtained on it on the 22d of December 1830, for the amount thereof, to be satisfied with the payment of 632 dollars 10 cents with interest, &c. That the said Lewis E. Brown failed and became insolvent, and made a voluntary assignment of all his property to his creditors, on or about the 30th of April 1830, under the laws of Louisiana. That Seaman Field, Samuel J. Peters, and Thomas Toby, were appointed syndics, or assignees of his creditors; and in that capacity have received and taken possession of all the property, real and personal of the insolvent, and have sold, and disposed of the same, to an amount far exceeding the debts due by him to the United States. That at the time of their receiving and taking possession of the said property as aforesaid, they well knew of the existence of the debts due to the United States by Lewis E. Brown; and that an amicable demand had been made of them by the United States, for the amount of the said judgment and of the costs, but they have neglected or refused to pay the same, or any part thereof.
The petition prays a citation to the defendants, to answer the same; and that after due proceeding they be condemned, jointly and severally, to pay the amount due to the United States.
Citations issued to the several defendants, who appeared, respectively, and on the 17th of May 1831, filed separate answers to the petition.
The answers admitted that the respondents had, in the capacity of syndics, taken possession of the property of L. E. Brown, by him assigned for the benefit of and distribution among his creditors; and that they acted in the said capacity, in virtue of certain judicial proceedings in the parish court for the parish and city of New Orleans, to which proceedings the answers referred; and an exemplification of which proceedings would in due time be exhibited, and which were to be considered as part of the said answer.
That in virtue of said proceedings, under the local laws of Louisiana, the said property so assigned was sold by said syndics on a credit of one, two and three years; that out of the proceeds of sale, when the same shall be received, are to be paid certain privileged and mortgaged creditors, who are preferred to the United States.
The answers further state that the respondents have no funds in their hands belonging to the estate of L. E. Brown; the property having been so sold, on a credit for promissory notes not yet due or paid. They deny all other allegations in the petition, or that the respondents, as syndics, have done any thing to render them responsible under the laws of the United States, or liable in any manner to the claim stated in the petition of the United States, and pray a trial by jury.
The answers further state that the said syndics sold the household furniture and other movables of the said L. E. Brown at a credit of six months; out of the proceeds of which they have paid law charges, house rent, and other privileged charges upon the estate preferred to the United States; of which a particular account is annexed to one of the separate answers filed in the case.
On the same 30th of March 1831, the district attorney filed a petition in similar terms, stating that on a bond given by the said L. E. Brown to the United States, for 1394 dollars, on the 3d of December 1829, a suit had been brought on the 3d of December 1830, and on the 22d of the same month, a judgment had been obtained for the amount, to be satisfied by the payment of 697 dollars, with interest, &c., with the same allegations of responsibilities on the part of the defendants.
Another petition was filed at the same time, stating that on a bond given by the said L. E. Brown, on the 28th of October 1829, for the sum of 1264 dollars, a judgment had been obtained on the 22d of December 1830, for the said sum, to be satisfied by the payment of 632 dollars, with interest, &c.; and also stating a claim on the defendants.