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Mary Fort Adams, Administratrix of John Hagan, Jun., deceased, Appellant, v. John S. Preston and Caroline M. Preston his Wife U.S. 473 (1860)

handle is hein.slavery/ussccases0171 and id is 1 raw text is: DECEMBER TERM, 1859. 478 Adam v. Prertmn Eastern State, 2 Cur. C. C., 142. Much testimony was intro- duced on the one side and the other upon this point, and it is somewhat conflicting. All that can be done under the cir- cumstances with any possible advantage to either party will be to state our conclusions upon the evidence. After a care- ful examination of the depositions, we think it is clearly proved that both vessels as they approached each other were near mid- channel, Most of the witnesses on board the steamer expressly affirm that she was near mid-channel whenthe lights of the pro- peller were first discovered, and they all agree that her helm was not changed, except for the purpose of bringing the lights of the propeller one point on her larboard bow, until the pro- peller starboarded her helm, and attempted to cross the bows of the steamer. That movement of the propeller was a direct violation of the rules of navigation, and was entirely without any excuse. Her master may have been deceived as to the course of the steamer, by the slight bend in the river; but if so, it is the misfortune of those who employed him that he was not better acquainted with the navigation, or more at- tentive to his duty. The decree of the Circuit Court is therefore affirmed with costs. MAY FoRT ADAms, .&DMnIsTRATRIX OP JOHN HAGAN, JUN., DEORASED, APPELLANT, 0). JoHN S. PRESTON AND CAROLNE M. PRESTON HIS WIPE. This court has never reviewed the judgment of an inferior court of a State, where there was an appeal to the Supreme Court of the State, upon a subject within the jurisdiction of such court, ul On ithe allegation that its proceedings were irregular or illegal, and contrary to the law of the State. The present is such a case. The Parish Court of New Orleans had exclusive jurisdiction over property ceded by insolvents, and the courts of the United States have no jurisdiction over such insolvencies. An allegation of fraud in a bill fflhd to review such proceedings in insolvency. which was afterwards abandoned, is not sufficient to give to the Circuit Court jurisdiction to review the proceedings of the State court. Moreover, the complainant has no equitable claim to relief, his assignors having no mortgage lien on the property, when the judgments were assigned to the .iomplainant.

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