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Charles Davenport et al., Heirs of John Davenport, deceased, v. F. Fletcher et al. U.S. 142 (1854)

handle is hein.slavery/ussccases0214 and id is 1 raw text is: 142 SUPREME COURT. Davenport et al. v. Fletcher ct al. then, I think, no security to cover its contingent loss should be required; and here twenty-five thousand dollars has been earned, previous to the suit, by the mortgaged slaves, and is in court. That this mprtgagor is stripped of his property, and cannot give security for so large an amount, is manifest, and to construe the act of Congress as if this was a simple julgment at law, would operate most harshly. .MIotiom overruled. CHARLES DAVENPORT ET AL., HEIRS OF JOBN DAVENPORT, DECEASED, V. F. FLETCHER ET AL. 1. Where the judgment is not properly described in the writ of error; 2. Where the bond is given to a person who is not a par;y to the judgment; 3. Where the cittion issued, is i-sucd to a person who is not a party; - the writ of error will be dismissed on motion. THIS case was brought up by writ of error from the Circuit Court of the United States for the Eastern District of Louisiana. It will be necessary to state only the judgment, and such of the other subsequent proceedings as gave rise to the motion to dismiss, and the judgment of the court thereon. On the 23d of June, 1848, the Circuit Court pronounced a judgment which is thus recited in the writ of possession, which was issued on the 21st of July, 1848. Whereas' Felicite Fletcher, Maria Antonia Fletcher, Augus- tine. Cuesta, Javiera Cuesta, and Felicite Cuesta y Fletcher, complainants, against Charles Davenport, Erasmus A. Ellis, Margaret Davenport, wife of Peter McKitick, John Phellip Edgar Davenport, and Elizabeth Davenpor, wife of Celestine Maxent, deceased, heirs of John Davenport, deceased, defend- ants, on the 23d dayr of June, A. D. 1848, by the judgment of the Circuit Court of the United States, for the fifth Circuit and District of Louisiana, &c. &c. &c. The petition for the writ of error was in the names of the above defendants, and alleged further, that since said final judg- ment the originhal plaintiffs in the petition named, had pat~ted with their interest in the said judgment to Charles McMicken, a citizen of the State' of Ohio, and he hath been subrogated to the rights of the plaintiffs in the case, as doth appear by the record in this cause. The ptitio then prayed that the ori- ginal plaintiffs herein, as well also as the said Charles McMicken, may be made paties hnereto and duly. cited, &. &c. &c.

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