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John M'Learn and Others, Aliens and Subjects of the King of Great Britain, Appellants v. James Wallace, a Citizen of the State of Georgia, Administrator of James Hendley M'Learn, and Archbald M'Lellan and Wife, Citizen of the State of South Carolina - Arc U.S. 625 (1836)

handle is hein.slavery/ussccases0105 and id is 1 raw text is: JANUARY TERM 1836. 625 JOHN M'LEARN AND OTHERS, ALIENS AND SUBJECTS OF THE KING OF GREAT BRITAIN,' APPELLANTS V. JAMES WALLACE, A CITIZEN OF THE STATE OF GEORGIA, ADMINISTRATOR OF JAMES HtNDLET M'LEARN, AND ARCHIBALD M'LELLAN AND WIFE, CITIZENS OF THE STATE OF SOUTH CAROLINA. ARCHIBALD M'LELLAN ANDWIFE, CITIZENS OF THE STATE OF SOUTH CAROLINA, COMPLAINANTS V. JAMES WALLACE, A CITIZEN OF THE STATE OF GEORGIA, ADMINISTRATOR OFIJAMES HENDLET M'LEARN DECEASED. JAMES WALLACE, A CITIZEN OF THE STATE OF GEORGIA, ADMINIS- TRATOR OF JAMES HENDLEY M'LEARN DECEASED V. ARCHIBALD MLELLAN AND WIFE, CITIZENS OF THE STATE OF SOUTH CARO- LINA, AND JOHN M'LEARN AND OTHERS, ALIENS AND SUBJECTS OF THE KING OF GREAT BRITAIN. A tract of land id the state of Georgia was purchased by A. M'Learn, on which he established a rice plantation, put slaves upon it, paid part of the purchase money, gave a ju~dgment for the balance, and died, leaving a son, James H. M'Learn, his devisee; who, to obtain possession ofthe estate,mortgaged the land and slaves for the balance of the judgment. A judgment, under the laws of Georgia, binds personal as well as real property. The son died, part of the debt being unsatisfied: leaving as his nearest of kin, aliens; and also more remote kindred; who were citizens of the United States; The real estate was sold to satisfy, and did satisfy the mortgage. The personal estate was sold by the executor. The aliens, who were nearest of kin, claimed the proceeds of the personal estate. The kindred of the deceased who were more remote, but who were citizens of the United States, claimed that the personal estate should have been appropriated to pay the mortgage; and that not having been so appropriated, they were entitled to the money arising from its sale, to reimburse them for Xihe value of the real estate taken by the mortgagor, the aliens nearest of kin not being entitled by the law of Georgia to take real estate by descent. The court held, that as both the real and personal estate had been charged with the mortgage debt, both funds must be applied, in proportion to thei- respective amounts, to its payment. Any debt, not covered by the mortgage, to be paid out of the personal estate. The nearest of kin to take the residue of the proceeds of the personal estate, and the remoter kin citizens of the United States, to take the residue of the proceeds of the real estate, and the real estate unsold. APPEAL from the circuit court of the United States for the-district of Georgia. VOL. x.-4 D

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