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Bank of Georgia, Appellants v. James Higginbottom, Administrator of William S. Gillett, and others, The 48 (1835)

handle is hein.slavery/ussccases0108 and id is 1 raw text is: SUPREME COURT. THE BANK OF GEORGIA, APPELLANTS V. JAMES HIGGIN- BOTTOM, ADMINISTRATOR OF WILLIAM S. GILLETT, AND OTHERS. South Carolina. G. the executor of his father, who had devised his estate to G. and his other children, sold the estate and became himself the purchaser of it; and in order to secure the portions of the other devisees, who were minors, confessed a judgment, June 1, 1819, on a promissory note, in favour of two persons, without their knowledgein a sum supposed to be sufficient to be a full security for the amount ofthe portions of the minors. The judgment was kept in full operation, by executions regularly issued upon it, so as, under the laws of South Carolina, to bind the property of G. He was then engaged in mercantile pursuits, and had other property than that so pur- chased by him. G. afterwards became insolvent, and the claims of the devisees of his father, under the judgment, were contested by his creditors, as fraudulent, the plaintiffs, in the judgment, having no knowledge of it when it was confessed, the amount of the sum due to the co-devisees not having been ascertained when it was confessed, no declaration of trust hav- ing been executed by the plaintiffs, and false representations of his situa- tion having been made by G. after the judgment, whereby his creditors were induced to give him time on a judgment confessed to them subsequently. The judgment of June 1, 1819 was held to be valid, and the plaintiffs in that judgment entitled to the proceeds of the sales of the estate of G., for the satisfaction of the amount actually due to the co-devisees by G. APPEAL from the circuit court of the United States for the district of South Carolina. The appellants, on the 4th of April 1827, filed their bill in the circuit court of the United States, for the district of South Carolina. to set aside a judgment, or postpone the effect of the same, which had been confessed by William S. Gillett, in the Barnwell district court of the state of South Carolina, for the sum of 30,000 dollars. The judgment was founded on a promissory note drawn by William S. Gillett, in favour of James Higginbottom and Wil- liam Provost, for 30,000 dollars, dated the 1st of June 1819, and payable on demand. The judgment was confessed on the 1st of June, as of the fourth Monday of March 1819. William S. Gillett was the acting executor of the last will and testament of his father, Doctor Elijah Gillett, by which a specific portion of the estate was devised to him, and other parts of the estate

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