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New Orleans Canal and Banking Company, Appellants, v. Josiah S. Stafford and Jenanetta Kireland, his Wife U.S. 343 (1852)

handle is hein.slavery/ussccases0244 and id is 1 raw text is: DECEMBER TERM, 1851. 343 Now Orleans Canal & Banking Co. v. Stafford et al. tween the parties, holds them subject to their respective rights. The Canal Bank, though not formally made a party to this bill, is in court claiming its rights through Thomas. The court have therefore before them all the parties claiming any beneficial in- terest in these slaves, and before they distribute the proceeds of the mortgaged property, can compel the parties interested either to settle their respective claims amicably, or by action, or inter- pleader, and thus make a final decision binding on all the par- ties who have any claim to the property. The decision of the District Court dismissing the bill for want of proper parties must therefore be reversed, and the record re- mitted to the court below, with directions to enter a decree in favor of the complainants, and have such fither proceeding as to justice and equity may appertain. Order. This causecame on to be heard on the transcript of the record from the District Court of the United States for the District of Texas, 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 reversed with costs; and that this cause be, and the same is- hereby remanded to the said District Court, with direc- tions to that court to enter a decree in favor of the complainant, and for such further proceedings to be had therein as to law and justice may appertain. NEw ORLEANS CANAL AND BANKING COMPANY, AP.PELLANTS, V. JOSIAH S. STAFFORD AND JENANETTA KIRKLAND, HIS WIFE. The principles established in the preceding case of the Union Bank of Louisiana, against Stafford and wife, again affirmed. THIS was an appeal from the District Court of the United States for the District of Texas. Although the complainants were not the same as in the pre- ceding case of the Union Bank of Louisiana v. Stafford and Wife, yet the respondents were the same and the subject-matter was a breach of the same transaction. The only difference is stated fully in the opinion of the court; and by agreement of parties the two cases were consolidated in the court below and to be argued together. It was argued by 111r. Crittenden, (Attorney-General) for the appellants, and M3r. Harris for the appellees.

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