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Wiscart, et al. Plaintiffs in Error, versus Dauchy, Defendant in Error U.S. 321 (1796)

handle is hein.slavery/ussccases0049 and id is 1 raw text is: SUPREME COUkT of the United States. 2. ORDERED, That procefs of fubpwna iffuing but of this Court, in any fuit in Equity, fhall be fcrved on the Defendant %,-y.. fixty days before the return day of. the faid procefs : and, fur- ther, that if the Defendant, on fuch ferv ice of the fubp ana, fhall not appear at the return day contained therein, the complainant ihall be at liberty to proceed ex parte. Lewis then obferved, that the fubpcena in this cafe, had been iffued on the fame principles ; but as the orders could only ope- -rate infuturo, he thought it beft to withdraw his motion for a djIringas, and to pray that an aliasfubpxna .might be award- ed ; which was, accordingly, done. WISCART, et al. Plaintiffs in Error, verfus DAUCHY, De. fendant in Error. RROR to the Circuit for the Virginia Diftri&. The Eoriginal proceeding was on the Equity fide of tfie Court below, where the Defendant in Error had filed a bill, charging Adrian i/f cart and Augufline De Neufville, Co-partners, with having fraudulently conveyed all their eftate, real and perfonal, by three feparate deeds, to Peter Robert De Neufville (who was alfo made a Defendant to the bill) with a view to prevent the Complainant's recovering the amount of a decree, which he ,had formerly obtained in another fuit againif them. The an.- fwers averred the conveyances to be made bonafide, and for a valuable confideration ; but after a full hearing of the cafe, the Circuit Court (confifting of Judges IREDELL and GRI1FIN) delivered the following opinion: That the deeds filed as ex- hibits in this caufe, one dated on the 2oth of May, 1793, GOnvey- ing the goods and chattels in the fchedule thereunto annexed, to the Defendant P. R. De Neufville ;---another dated on the i7th of the fame month, conveying the flaves therein mention- ed, to the faid P. R. De Neufville ;---and another, dated on the 2 th day of the fame month, conveying to him the land therein mentioned, are fraudulent, and were intended to defraud the complainant, and to prevent his obtaining fatisfadion for a juft demand ; that the faid P. R. De Neufvillewas a party and pri- vy to the fraud aforefaid ; and that the faid Deeds were void as to the Complainant: Whereupon it is decreod and ordered, VOL. III. T t that

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