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Henrietta Amis, Executrix, and William Perkins, Executor of Junius Amis, Deceased, Appellants, v. David Myers U.S. 492 (1854)

handle is hein.slavery/ussccases0221 and id is 1 raw text is: 492 SUPREME COURT. Amis et al. v. Myers. HENRIETTA Ai s, EXECUTRIX, AND WILLrAm PERKINS, EXE- CUTOR, OF JUNIUS AmIS, DECEASED, APPELLANTS, v. DAVID MYERS. Where a complkinant flied a bill onthe equity side of the Circuit Court, for an in- junction to prevent the sale of slaves which had bcen taken in execution as the property of another person, the evidence shows that they were the property of the complainant, and the Circuit Court was directed to make the injunction perpetual. THIS was an appeal from the Circuit, Court of the United States for the Eastern District of Louisiana. Junius Amis filed his bill under the following circumstances: The respondent, David Myers, having obtained a judgment against William D. Amis, issued execution thereon and caused to be seized seven slaves. The complainaat, Junius Amis, there- upon filed his bill, claiming these slaves as his property, and praying an injunction to arrest the sale of them. He made David Myers and W. F. Wagner, the marshal, parties defendant to the bill. The injunction was afterwards granted. David Myers appeared and filed his enswer. He admitted the issuance of the execution as alleged, and he admitted the marshal's seizure of the property as alleged, and the advertise- ment for sale under the process; but he denied the complain- ant's title, and denied all interest in him, legal or equitable, con- cerning the said slaves. And the defendant further charged that these slaves were purchased by William I). Amis, of Nathaniel Hill, in New Orleans, for the sum of five 1;housand dollars; that they were delivered to him and taken by him to the plantation on which he resided, in the parish of Madison, where they re. mained until the levy aforesaid. The Circuit Court, upon the final hearing upon bill, answer, depositions, and proofs, dissolved the injunction, and dismissed ,the bill with costs. The complainant appealed to this court, and, having died, his executor and executrix were made parties. It was argued by Mr. Goold and MrM. Lawrence, for the appel- lants, and by Mr. Baxter, for the appellee. There being-no point of law involved in the case, the reporter does not deem it expedient to insert the arguments upon the question of ownership, as shown by the evidence. Mr. Justice CAMPBELL delivered the opinion of the court. The plaintiff filed his bill in the Circuit Court of the United States for the Eastern District of Louisiana, to restrain the sale of certain slaves taken in execution of a j udgment of that court, in favor of the defendant against William D. Amis.

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