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Seaman Field and others, Plaintiffs in Error v. the United States 182 (1835)

handle is hein.slavery/ussccases0111 and id is 1 raw text is: 182 SUPREME COURT. SEAMAN FIELD AND OTHERS, PLAINTIFFS IN ERROR V THE UNITED STATES. Lomsiana. L. E. Brown, a debtor to the United States on bond, became in- solvent, and under the insolvent laws of Louisiana, made an assignment of hisproperty for the benefit of his creditors; and syndics were appointed, who took possession of his estate, real and personal, and sold the same, part for cash, and part on credit, of one, two and three years. The United States instituted suits on the bonds against L, E B.,and obtained judgments inthe district court of the United States for the district of Louisiana. The effects of the insolvent were administered by the syndics, according to the laws of Louisiana. The United'States took no part in these proceedings, but a notice of the debts due by B. to the United States, was given to the syndics before any distribution was made of any of the proceeds ofthe estate in their hands; and a suit for the amount of the debts of B. to the United States, under the law giving a right to priority of payment, was commenced against them be- fore the tableau of distribution of the first instalment- of the insolvent's estate, was confirmed by the payish court of New Orleans. The whole proceeds of the estate exceeded 40,000 dollars; the mortgages were about 27,000 dollars; and when all the notes taken by the syndics were paid, there would be sufficient to discharge these mortgages, and all the debts due to the United States; a large amount of the proceeds were not to be re- ceived until after the judgments were obtained in favour of the United States; one moiety of the amount of sales being payable after the suit against the syndics was commenced, and the other after the judgment against them was rendered. The court held. that the syndics were not liable to the United States for the debts due to them, unless funds had actually come into their hands. The notes for the sales may all be good; yet as one moiety of them was not paid at the time of the judgment of the United States against them, it does not judicially appear that, even at that time, they had funds on which the United States were entitled to judgment. If the remaining moiety of the notes has since been paid, the United States will then have a legal, claim thereon for their debts. The United States were not parties to the proceedings in the parish court, nor were they bound to appear and become parties therein. The local laws of the state, could and did not bind them in their rights. They could not create a priority in favour of other creditors in cases of insol- vency, which should supersede that of the United States. As the cause was not tried by a jury, the exception to the admission'of evi- dence was not properly the subject of a bill of exceptions. The priority of the United States attached, by the laws of the United States, in virtue of the assignment and notice to the syndics; and it was the duty of the syndics to have made known these debts in their tableau of dis- tribution, as having had priority. The mortgages upon particular estates sold, must be first paid out of the sales of those estates. But if there be any deficiency in the proceeds of any particular estate, to pay the' mortgages

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