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W. and H. Massingill, Plaintiffs, v. A. C. Downs, Claimant U.S. 760 (1849)

handle is hein.slavery/ussccases0286 and id is 1 raw text is: 760 -SUPREME COURT. Massingill'et al., v. Downs. District of Ohio, and was argued by counsel. On considera- tion whereof, it is now fiere ordered and adjudged by this coutt, that the judgment of the said Circiit Court in his 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, for further proceedings to be had .therein, in conformity to the opinion of this court. W. AND H. MAsNGL, PLMNTIFFS, 'v. A. C. DowNs; Cr. w -•. Where ajudgment was obtained in the Circuit ,Court'of the United States for the District of Mississippi in 1839, and in 1841 the State of Mississippi passed a law, requiring judgments to be recorded in a particular way, in drder to make them alien upon'prperty, this statute did not abrogate the lien which Md been acquired under the judgment of 1839, although the, itter had not been recorded in the manner require&by t4e statute. This case came up from the Circuit Court of the United States ko, the Southern District of Mississippi, upon a certifi- cate of division in opinion between the judges thereof.- The facts are fully set forth in the opinion of the court, as ,delivered by Mr. Justice McLean, to which the reader is referred. It was argued by 'Mr. Sargent and Mr; Bell,'for the plain-' tiff, and Mr. Lawrence' and Mr. Badger, for- Downs, the claimant, Mr. Sargent and Mr. Bell 'made the following points:.- 1. When this judgment was entered, it became a lien on all- the .personal and real property of Chewning, in Mississippi.- Hutch. Miss. Code, 881, 282. -Brown v. Clarke, 4 How. 12; 4 Stat. at Large, 184; ib. 278; Rankin v. Scott, 12 Wheat., 177; United States v. Morrison, 4 Peters, 124; Burton v. Smith et al., 14 Fe--ers, 464' Tayloe et al. v. Thompson-, 5 Peters, 358. .2. The rules' of court,- so -far as they bie .more than de- claratory of the effect of the United States process act .of 1828, adopt the State _practice of November 25, 1839; they adopt nothing prospectively. 3. The' State act of 1841 .does not purport to. operate on federal *judgments. No State statute can operate yproprio vigore to affect directly, or indirectly a judgment of the federal courts. Wayman V. Southard, 10 Whet. 1; Bank of the United States v. Halstead, ib. 51.

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