HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0111 and id is 1 raw text is: BROWN V. ANDERSON [1838]
Lordships do direct, that the said William Fry Channell, Esq. shall ascertain what
is herein set forth, and report the same unto this Committee with all convenient
speed, and that he shall moreover have the power to report to this Committee from
time to time, at the request of the parties, or of each, or either of the parties, or in
his final report, such special matters as may arise connected with the subject matter
of this investigation. And their Lordships are further pleased to direct, that the
appeal of Hutchinson and La Rocque, do stand over until after the said William
Fry Channell shall have made his report. WM. L. BATHURST.
[Mews' Dig. tit. COLONY, II. PARTICULAR COLONIES, 4 British North America, III.
APPEALS TO PRIVY COUNCIL, 6. Practice, o. Other matters. See subsequent pro-
ceedings in S.C. in 4 Moo. P.C. 378.]
[249] ON APPEAL FROM THE COURT OF FIRST INSTANCE OF CIVIL
JURISDICTION OF THE ISLAND OF TRINIDAD.
ROBERT BROWN and BENJAMIN BROWN,-Appellants; MARTHA ANDER-
SON and Others,-Respondents * [Feb. 18 and 19, 1838].
In a suit brought against the purchaser of an estate, by a prior mortgagee
having a right to the consignments, and to furnish the supplies; for the
balance of an account stated in respect of the mortgage and the supplies;
the heirs-at-law of the vendor, who was the original Mortgagor, became inter-
vening parties, claiming to be preferential in respect to the purchase-money
to any sums due to the mortgagees on account of the supplies: the Court
below admitted this claim, but the Judicial Committee overruled that deci-
sion, and held that the net proceeds of the estate were first applicable in dis-
charge of the sums due for supplies, and next in payment of the mortgage-
debt.
The Respondents in this case were the Terceros Oppositores in a suit instituted
in the Court of First Instance of Civil Jurisdiction in the Island of Trinidad.
The Appellants, Robert Brown and Benjamin Brown, were mortgagees of an
estate called Cupar Grange, in the Island, having taken upon themselves the pay-
ment of certain debts due from the owners, James and Martha Anderson, in con-
sideration of the consignments.
In the month of February 1833, the Appellants instituted a suit in the Island
against Burton Williams, who had become the purchaser of the estate, (subject to
their subsisting mortgage, and the right to the consignments,) for the balance of
an account stated, in respect of such mortgage and supplies.
The Respondents, who were the heirs of James and Martha Anderson, interposed
a claim of Terceria (in the nature of interpleader) in this action, claiming prefer-
ential payment of certain sums due to them on account of the sale of the Cupar
Grange estate, and a [250] mortgage executed to them, both of which were secured
by deeds of subsequent date to the Appellants' mortgage.
The purport and effect of these instruments, and the general nature of the trans-
actions between the parties, are set out very fully in the judgment. The Court
below adjudged that the Appellants were preferential only for the amount of the
original mortgage, and that the Respondents, the Terceros Oppositores, were re-
spectively preferential on any priority of claim on the part of the Appellants, in
respect of the supplies, and directed an account to be taken of the produce of the
estate upon that footing.
From this decree the Appellants brought the present appeal.
* Present: Lord Brougham, Mr. Baron Parke, Mr. Justice Bosanquet, and the
Chief Judge of the Court of Bankruptcy [the Hon. Sir Thomas Erskine].
999
II MOORE, 9.49](ViewImageLocal?handle=hein.slavery/ssactsengr0111&div=1&collection=&method=preview&ext=.png&size=3)