About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Daniel Green's Administratrix v. Fletcher Creighton, in his own right, and as Executor of Jonathan McCaleb, deceased U.S. 90 (1860)

handle is hein.slavery/ussccases0175 and id is 1 raw text is: SUPREME COURT. Green's Administratrix v. Creighton et al. To meet this imputation of contrivance, the parties and their counsel have filed affidavits and statements, from which it satisfactorily appears that the action was brought by a bona fide claimant under the grantee of the river improvement fund against the railroad company; and although the case agreed was made up in a friendly spirit, nevertheless the object was to try the title, and tbis was done at the instance of some of the Executive officers. If the judgment of the District Court were affirmed, the defendant below would lose the land; and it being reversed, the plaintiff below loses it. The action was obviously brought to carry out Secretary Stuart's suggestion, when he said, That the question involved partakes more of a judicial than an executive character, and must ultimately be determined by the judiial tribunals of the country. We have therefore felt hound to hear and decide the cause on its merits; and finding that the plaintiff below has no title, we direct that the judgment of the District Court be reversed, and the cause remanddd; and that court is ordered to enter judgment for the defendant below. DANIEL GREEN'S ADMINISTRATRIX V. FLETCHER CREIGHTON, IN HIS OWN RIGHT, AND AS EXECUTOR OF JONATHAN McCALEB DECEASED. The courts of the United States, as courts of equity, have jurisdiction over ex ecutors and administrators, where the parties to the suit are citizens of differ- eut States, and this jurisdiction is not barred by subsequent proceedings in insolvency in the Probate Court of a State. In such a case, the courts may interpose iu favor of a foreign creditor, to arrest the distribution of any surplus of the estate of a decedent among the heirs. &though at law a creditor cannot sue the surety upon an administration bond until he has obtained a judgment against the administrator,,yet it is not so in equity; and in the present case, where the original debtor and his surety are both dead, insolvent, and a porti n of the assets of the estate of' the latter can be traced to the possession of' his administrator and his surety, the pbwer of a court of equity is required to call for a discovery of the amount and nature of the assets in hand.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most