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Andrew Erwin, Appellant, v. William S. Parham, James Dick, and Henry R. W. Hill U.S. 197 (1852)

handle is hein.slavery/ussccases0241 and id is 1 raw text is: DECEMBER TERM, 1851. 197 Erwin v. Parham 6t al. fer was made solely to enable him to obtain payment of these. notes by means of the contract with Lippitt, and that payment was thus obtained. Other questions have been made in the case, which we have not found it necessary to decide. Our opinion is that the decree of the Circuit Court should be reversed and the bill dismissed with costs. Order. This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the District of Rhode Island, 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 Circuit Court in this cause be, and the same is hereby, reversed, with costs; and that this cause be, and the same is hereby, remanded to the said Circuit Court with directions to dismiss the bill of complaint with costs. ANDREW ERWIN, APPELLANT, V. WILLIAM' S. PARHAM, JAMES DICK, AND HENRY R. W. HILL. Where a bill in chancery states that, at an execution sale, which was alleged to have been open and fir, the complainant purchased, for the sum o'.Q6,00, certain pro- mri-oy notes secured by mortgage. amounting in the whole to $260,000, and the bill was demurred to, and die demurrer sustained by the Circuit Court, this judgment must be reversed. Mere inadequacy of price does not, of itself, furnish a sufficient reason for dismissing the bill, or deciding that the complainant was entitled to no relief whatever. Tnis was an appeal from the Circuit Court of the United States for the District of Louisiana, sitting as a court of equity. It came up upon a demurrer to a bill filed by Andrew Erwin, which demurrer was sustained by the court, and the bill dis- missed with costs. - The facts set forth in the bill, arranged in chronological order, were as follows:- In the year 1839, James M. Wall, a citizen of the State of Mississippi, appears to have been in possession of two planta- tions in Louisiana; and on the 16th of November, in that year, sold them, together with the stock and slaves upon them, to William S. Parham, for a sum amounting very nearly to $300,- 000. Of this consideration, 35,200 were in cash, and the resi- due in thirteen promissory notes, each for the sum of $20,369.23, payaule on the 1st of January, 1842, 1843, 1844, 1845, 1846, 171,

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