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Phineas O. Nabby, Jabez and Benjamin B. Sargeant, heirs of Samuel Sargeant, Plaintiffs in error, v. The State Bank of Indiana U.S. 371 (1852)

handle is hein.slavery/ussccases0246 and id is 1 raw text is: DECEMBER TERM, 1851. Sargeant et al. v. The State Bank of Indiana. they could have earned. On this basis the master acted in making out the account, and we think it was properly assumed by him. And in this view there appears to be no error or mis- take in the account stated, which should have prevented the Dis- trict Court from sanctioning it. The charges by Bennett for the superintendence and manage- ment of the slaves, were not allowed by the master, nor the charge for commissions. These items, if the defendant were entitled to an equitable allowance for the services stated, would amount only to a small sum, and we think, under all the cir- cumstances of the case, neither this omission, nor the other exceptions to the report of the master, are of a character to require the reversal of this decree. There was no action on the plta in bar filed by Bennett, which is an irregularity, not important, however, to be noticed on the appeal. Nor does it appear that any notice was taken in the District Court of the award set up in his answer by Hunt, the administrator. As the consideration for the transfer of the slaves by Amis to his daughter was natural love and affection, as appears by the bill of sale, it could not have been considered as within the award stated. The decree of the District Court is affirmed with costs. Order. This cause came on to be heard on the transcript of the record from the District Court of the United States for the Dis- trict 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 sam.e is hereby, affirmed with costs. PHINEAS 0., NABY, JABEZ AND BENJAMIN . SARPEANT, HEIRS OF SAMUEL SARGEANT, PLAINTIFFS IN ERROR, v. THE STATE BNK OF INDIANA. By the strict rules of the common law, a bond of conveyance might be adduced in support of a possession of twenty years held in pursuance of the bond to corrobo- rate such possession against an action founded upon the mere right of entry in the obligor or his heirs. Butwhen the bond was given to. carry out the policy of a State in establishing the seat of justice for a new county, it was proper to allow it to be given to the jury as competent evidence to be weighed by them in expounding the provisions of the statute. Where a court, noting under a State law, appointed a commissioner to convey the legal title, after the death of the obligor of the bond, and the record of that court

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