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Bridget McLaughlin, Appellant, v. The Bank of Potomac and others U.S. 220 (1849)

handle is hein.slavery/ussccases0280 and id is 1 raw text is: 220 SUPREME COURT. McLaughlin v. Bank- of Potomac et al. Order. This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the Southern District of Alabama, and was argued by counsel; on consideration whereof, it is noW here ordered and adjudged by this court, that the judgment 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 Cir- cuit Court, with directions to award a venirefacias de novo. BRIDGET McLAuGHLIN, APPELLANT, V. THE BANK OF POTOMAC AND. OTHERS. Where an issue is sent by a court of equity to be tried bv a jury in a court of law, and exceptions are taken during the progress of the trial at law, these exceptions must be brought before the court of equity and there decided, in order to give this court cognizance of them when the case is broght up by appeal. A question, whether'or not certain conveyances were fraudulent, was properly sub- mitted to the jury. Fraud is often a mixed.question of law and fact, and the jury can be instructed upon matters of law. A note held by a bank for a debt due to it, and renewed from time to time with the same maker and indorser, is sufficient to constitute the bank a creditor in claim- ing to have conveyances set aside as fraudulent although the note was not due when the conveyances were made, and the present note was renew d afterwards. Where the-briginal debtor had made a conveyance of property to a trustee for the purpose of securing his ind6rse, it was not necessary to pursui and exhaust that trust-property before proceeding against the indorser and his property. A judg- -meat had been obtained against the administrator of the indorser, which fixed his - liability. . This judgment against the administialor in which a devastavit had been suggested, and a return'of nulla bona to an execution, was good evidence against the surety of the administrator, and also against the fraudulent grantee of the intestate. Although the creditor has a remedy against the st et of ihe administrator by a suit at law upon the bond., yet hi may also file a bill in chancery against all the par- ties who are concernod in the alleged fraud, and such other persons as are in- terested in the estate. Although by the laws which prevail in the District of Columbia,.the personal estate of a deceased person should be resorted to fhr the payment of debts before apply- ing to the realty; yet, where the administrator was found guilty of a devastavik -and the personal property was chiefly-left in the hands of the surety, who was also the person charged with being a fraudnleht grantee of the intestate, the general rule is not applicable. In a bill against the fraudulent grantee, it is not necessary to aver a. deficiency of the personal estate of the deeised ; it is sufficient to aver the fraud and the waste of the personal assets by such grantee, who was also the pers6nal representative. THIS was an appeal from the Circuit, Court of the United States for the District of Columbia and County of AleKandria, sitting as a court of chancery. The bill was filed in the Circuit Court by. the President, Di- rectors, and Cormyany of the 'Bank of Potomac, Elijah Dallett and Elijah Dallett-, Jr., trading under the firm of Elijah Dallett

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