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Moses Wanzer and Jabez Harrison, Appellants, v. Bennett R. and J. H. Truly U.S. 584 (1855)

handle is hein.slavery/ussccases0213 and id is 1 raw text is: SUPREME COURT. Wanzer et al. v.. Truly. shares, but it is not admitted that they were allowed to them in the partition. The evidence does not identify and establish, as against the defendant, the right claimed by the complainant. The decree of the circuit court, which dismissed the bill, is affirmed. Order. This cause came on to be heard on the transcript of the record, from the district 'court of the United States for the district of Iowa, and was argued by counsel. On consideration whereof, it is now here ordered, adjudged, and decreed by this court, that the decree of the said district court in this cause be and the same is hereby affirmed, with costs. Moses WANZER AND JABEZ HARRISON, APPELLANTS, V. BEN- NETT R. AND J1. H. TRULY. Where a promissory note was given, in Mississippi, for the purchase of slaves, the title of the vendor of which afterwards proved to be defective, but in the mean time a foreign creditor of the vendor had laid an attachment in the hands of the vendee, for the amount of the promissory note, and obtained judgment against him as I;arnishee, the purchaser of the slaves should be credited upon the judgment agatnst him, with the value of The slaves at the time when they were taken away from him, and the damagcs, costs, and expenses actually paid upon the decrees of the courtof chancery in Mississippi. THis was an appeal from the circuit court of the United States for the southern district of Mississippi. The facts of the case are stated in the opinion of the court. It was argued by Mr. Coxe, for the appellants, and by A1r Brent and Mr. May, for the appellees. Mr. Justice CAMPBELL delivered the opinion of the court. The appellee (B. R. Truly) purchased of J. R. Herbert, in 1836, in Mississippi, five slaves, for whom he gave two notes, one of which for $3,575, was payable in March, 1838, at a banking-house in Brandon, with ten per cent. interest till paid. Another note for the same sum has been collected. During the year 1837, the appellants recovered a judgment in the circuit court against Herbert, who had absconded in insolvent circum- stances. In 1.839, a process of garnishment was served upon the appellee before named, who acknowledged the existence of this note, and a judgment was rendered against him. An exe- cution issued, a levy was made, a forthcoming bond was taken,

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