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John H. Bennett and E. P. Hunt, Administrators of John D. Amis, deceased, Appellants, v. Samuel F. Butterworth, and Mary Emily, his wife U.S. 367 (1852)

handle is hein.slavery/ussccases0245 and id is 1 raw text is: DECEMBER TERM, 1851. 367 Bennett et al. v. Butterworth. record from the Circuit Court of the United States for the East- ern District of Virginia, and on the points or questions on which the judges of said Circuit Court were opposed in opinion, and which were certified to this court for its opinion, agreeably to the act of Congress in such case made and provided, and was argued by counsel. On consideration whereof, it is the opinion of this court-1st. That the said Circuit Court ought not to have received the evidence of Clements in behalf of the prisoner; and that the refusal of the court to admit his testimony does not entitle the prisoner to a new trial; and 2dly. That the facts stated in the affidavits of the jurors do not entitle the prisoner to a new trial. Whereupon it is now here ordered and adjudged by this court, that it be so certified to the said Circuit Court. JoHN H. BENNETT AND E. P. HUNT, ADMINISTRATORS OF JOHN D. AMIS, DECEASED, APPELLANTS, V. SAMUEL F. BUTTERWORTH, AND MARY EMILY, HIS WIFE. Where slaves are in the possession of a mortgagee, who renders an account of the profits of their labor and the expenses which he has incurred on their behalf, he must be held bound to exercise a reasonable diligence in keeping them engaged in useful employments. It is not a sufficient excuse for allowing them to remain idle, to say that he managed them as they had been managed by their former master, the mortgagor. If the mortgagee is charged with their hire from a period commencing three months after the death of the mortgagor, he is not charged too much. Where the account of the master charged the mortgagee with a certain sum for their hire, exclusive of clothing, medical treatment, or other expenses, it was a correct mode of stating the account. THIs was an appeal from the District Court of the United States for the District of Texas. The facts are fully stated in the opinion of the court. It was argued by 111r. Harris and 31r. Crittenden, for the ap- pellants, and by ilIr. Howard, for the appellees. Mr. Justice McLEAN delivered the opinion of the court. This is an appeal in chancery from the decree of the District Court for the District of Texas. Butterworth and wife filed their bill against Bennett, and also against Hunt, who is administrator of Amis, representing that Amis, the father of Mrs. Butterworth, conveyed to her by deed, or bill of sale under seal, in consideration of natural love and affection, certain negroes named, on the 8th of April, 1846. That, a short time afterward, Amis died, and that Hunt, the

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