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![handle is hein.slavery/ussccases0292 and id is 1 raw text is: .JANUARkY 'fTRM, 1848.
-201
Forgay .et ,al. y.°Conrad.
SA U L. L. FoRGAY AND ELIZA AN FoGAtTY, WiFz or E. W.
* WELLS, APPELLANtTS,'O. Fwtncis B. CoNR&i, AssiGEix Rwi
aurcr Oy THorMiAS BANiKs.
A decree of the court below, that certain deeds should, be set'aside as -fraudulent
and void; that certain lands and slaves should be delivered up to the complain-
ant; that one of the defendants should pay a certain sum of money to the com-
plainant; that the complainant should have execution for these several matters;
that the master should take an account of the profits of the lands and slaves, and
also an acdount of certain money and notes, and then said decree concluding as
follows, viz. and so much of the.said bill as contains or relates to matters here-
by referred to the master for a report is retained for further decree in the prem-
ises, and so much of the said bill as is not now, nor has been heretofore, adjudged
and decreed upon, and which is not above retained for the purposes aforesaid, be
dismissed without prejudice, and that the said defendants do pay the costs-Was
a final decree within the meaning of the acts of Congress, and an appea frora it
will lie to this court.
But a decree that money shall be paid into court, or that property shall be delivm-ra
to a receiver, or that property held in trust shall be delivered to a new trustee
appointed by the court, is interlocutor only, and intended to preserve -the sub-
ject-matter in dispute from waste or dilapiation, and to keep it within the con-
trol of the court until the rights of the parties concerned can be finally adjudi-
cated. From such a decree ho appeal lies.
The attention of the Circuit-Courts is called to the propriety iwmerely-announcing
their opinion in an interlocutory order, and withholding a decree setting. aside ti-
,tles anda conveyances until the case is ready for a final decree.
The difference between the English and American practice upon this subject ex-
laine d.
are the defendants claimed separate 'pieces of property, conveyed at different
times by separate conveyances, and the decree aganst them was several, it was
not necessary for all to join in an appeal.
THIs was an appeal from the Circuit 'Court of the Un.ited
States for the District of Louisiana.
The facts in the case are set forth in the opinion of the
court.
Mr. Sergeant moved to dismiss the appeal, because the de-
cree of the, court below, wasnot final, and because the appeal
was not regularly brought up. On the second point, he said
that there were several defendants, one only of whom had ap-
pealed. ]$ut all the parties must join. 7 Peters, 399. He re-
ferred the court, however, upon this point, to Todd v. -Daniel,
.16 Peters, 521. A case must not come up in fragments. 3 Pe-
ters, 307; 3 Dali. 188.
To show that the decree was not final, he referred to The
Palmyra, 10 Wheat. 502 ; Chace v. Vasquez, 11 Wheat. 429
Brown v. Swann, 9 Peters, I; Young v. Grundy, 6 Cranch,.
51; Rutherford v. Fisher, 4 Dall. 22; Lea v. Kelly, 1 Peters,
213 i Young v. Smith, 12 Peters, 287.
Mr. May, contra.
Against the motion to dismiss, it is submitfed,-.
1st. Thire are proper parties to this appeal.
The appellants have separate and distinct interests, and the](ViewImageLocal?handle=hein.slavery/ussccases0292&div=1&collection=&method=preview&ext=.png&size=3)