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![handle is hein.slavery/ssactsengr0107 and id is 1 raw text is: PALMER V. BARRETT [1837]
1st. Because the Appellants had a good and valid security over the property in
dispute, for large sums of money exceeding its value, and were entitled to have the
debts so due to them paid from the proceeds of the said estate, in preference to any
claim on behalf of the Respondents.
[413] 2d. Because the claim of the Respondents against the said Joseph Graham
was a claim against him as Albacea Dativo only, and gave them no security on the
estate in question.
3d. Because the debt, if any, due to the Respondents, was not a debt due from
the said Joseph Graham, as Depositario General, which is an office wholly separate
and distinct from that of Albacea Dativo.
The Respondents, on the other hand, submitted that the judgment of the Court
below ought to be affirmed, for the following reason: Because, in appointing
Joseph Graham Albacea Dativo of the estate of Henry Jones, deceased, the Court
of First Instance were entrusting the said Joseph Graham, in his character of
Depositario General, with the administration of that estate; and consequently, the
mortgage deed of the 15th May 1818 was an available security for any deficiency
arising in the execution of that trust.
Dr. Lushington and Mr. Charles Turner, for the Appellants.
Mr. James Wigram, K.C., and Mr. Crowder, K.C., for the Respondents.
Lord Brougha.-Their Lordships are of opinion that the order of the Court
below cannot be sustained. It appears that Mr. Graham held two distinct offices,
the Depositario General of the tribunals of the island, and the Albacea Dativo of
the estate of the deceased Horace Johnson. For the due performance of these offices,
he [414] executed two distinct securities, viz. a hypothecation or mortgage of the
estate of Montrose, as security for the office of Depositario General, and a deposi-
tion oath or personal obligation for the due performance of that of Albacea Dativo.
It is in the latter character, and by virtue of his office as administrator of the
estate of Horace Johnson, that he has received the amount for which execution
issued against him; and however the circumstance of his being the Depositario
General might have induced his appointment to the office of Albacca Dativo, their
Lordships are of opinion that the security given by him in the former office is not
available for the liabilities of the latter. Their Lordships will therefore advise
Her Majesty to reverse the sentence of the Court of First Instance, of 26th January
1835, and to allow the claim of the Appellants for the amount levied on the estate
of Montrose, which they direct may be paid in part satisfaction of the mortgage
due to them, without deduction for costs in the Court below.
[Cf. Wildes i. A.-G. of T?'inidad, 1840, 3 Moo. P.C. 200.]
[415] ON APPEAL FROM THE COURT OF CHANCERY OF JAMAICA.
NICHOLAS PALMER, MARTIN WILLIAMS, and RICHARD BARRETT,-Appel-
lants; EDWARD BARRETT MOULTON BARRETT, EDWARD BARRETT
the younger, and SAMUEL BARRETT MOULTON BARRETT,-Re-
spondents * [May 15,.1837].
On motion by petition in the Court below, for the discharge of a Receiver, the
Court refused the motion, and dismissed the petition with costs, but en-
grafted on the order of dismissal certain directions asked for by the De-
fendants, and supported by their affidavits, in opposition to the motion:
Held, by the Lords of the Judicial. Committee, that such addition to the
* Present:-Lord Wynford, Lord Brougham, Mr. Baron Parke, Mr. Justice
Bosanquet, and the Chief Judge of the Court of Bankruptcy [The Hon. Thomas
Erskine].
I MOORE, 413](ViewImageLocal?handle=hein.slavery/ssactsengr0107&div=1&collection=&method=preview&ext=.png&size=3)