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Margaret McRea and Bracy McRea, Administrators of John D. Bracy, Appellants, v. The Branch of the Bank of the State of Alabama at Mobile U.S. 376 (1857)

handle is hein.slavery/ussccases0199 and id is 1 raw text is: SUPREME O0URT. NcRea et aZ. v. Branc Bank of Alabama. MARGARET MCREA AND BRACy'MCREA, ADMINISTRATORS OF JoHx I). BRACY, APPELLXNTS, v. THE BRANCH OF THE BAK OF THE STATE or ALABAMA AT MOBILE. Where money was borrowed from a bank upon a promissory note, signed by the principal and two tureties, and the principal debtor, by way of counter security, conveyed certain property to a trustee, for the purpose of indemnifying his sure- ties, it was necessary to make the trustee and the cestui que trust parties to a bill filed by the bank, asserting a special lien upon the property thus conveyed. But where the principal debtor hdd made a fraudulent conveyance of the property, which had continued in his possession, after the execution of the first deed, and then died, a bill was good, which was filed by the bank against the administra- tors, for the purpose of setting aside the fraudulent conveyance, and bringing the property into the assets of the deceased, for the benefit of all creditors who 'might apply. THIS was an appeal from the Circuit Court of the United States for the eastern district of Arkansas, sitting in equity. .The bill was filed by the Branch Bank of Alabama, under the circumstances which are stated in the opinion of the court. It had a double aspect; first, setting up a lien upon the slaves, by virtue of the deed of trust to Gale; and secondly, as a cred- itor in common with others, to set aside the bill of sale to Margaret McRea, as fraudulent and void, as against creditors. The Circuit Court decreed that the bill of sale from John D. Bracy to Margaret McRea'was fraudulent and void, made for the purpose of hindering, delaying, and defrauding the credito s of Bracy, and especially the complainants. They therefore decreed that it should be set aside, and in case the administrators did not pay the account of the Bank, which had been presented to them, that the marshal should sell the slaves for the benefit of all the creditors of Bracy who should signify their- willingness to come in and bear their share in the costs and expenses incurred, in the mode which is customary in a creditor's bill. From this'decree the administrators appealed to this court. The case was argued by Mr. Lawrence for the appellee, no counsel appearing for the appellants. Mr. Justice CURTIS delivered the opinion of the court. This is an appeal from a decree of the Circuit Court of the United States for the eastern district of Arkansas. It appears from the allegations of the bill, which are sup- ported by the proofs, that in December, 1843, John D. Bracy, then a resident of Alabama, borrowed of- the Branch of the Bank of the State of Alabama at Mobile (the appellees in this

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