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Christopher Ford, Appellant, v. Archibald Douglas, Maxwell W. Bland, and Emeline, his Wife, Appellees U.S. 143 (1847)

handle is hein.slavery/ussccases0304 and id is 1 raw text is: JANUARY TERM, 1847. 148 Ford v. Douglas et al.' be clear, the injury impending, and threatened so as to be aveaed only by the protecting preventive process of injunction. Baldwin's Rep. 218. It never should be permitted to issue where it is even suspected that it will be prostituted to the unworthy purpose of de- laying, vexing, and harassihg suitors at law in the prosecution of their just demands. Let the judgment of the Circuit Court be affirmed. 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 .iDis- trict of Mississippi, and was argued by counsel. On consideration whereof, it is now here ordered and decreed by this court that the decree of the said Circuit Court. in this cause be and the-same is 'hereby affirmed, with costs. CHRISTOPHER FORD, APPELLANT, v. ARCHIBALD DOUGLAS, MAXWELV. W. BLAND, AND EIELINE, His WIPE, APPELLEES. By. the laws of Louisiana; where tmere has been a judicial sale of the succession by a probate judge, a creditor of the estate, who obtains a judgmeit; cannot levy an execution upon, the property so transferred, upon the ground that the sale was fraudulent and void. fe should first bring an actign to set the sale aside. The purchaser under the judicial sale having filed a bill and obtained an idjunction upon the creditor to stay the execution, it was alh iriegular mode of raising the question of fraud for the creditor to file an answer setting it forth, and alleging the sale to be void upon that ground. He should have filed a crass bin.. Ex- ceptions to the answer upon thiis account were properly sustained by the' court below. But if the court below should perpetuate the injunction, upon the defendants' re- fusal to answer further, the injunction should be free from doubt, in leaving ,ae creditor to pursue other property under his judgment, and also atliberty to file a' cross bill. If the injunction does not clearly reserve these rights to the creditor it goes too far, and the judgment of the couit below must be reversed. Tnis was an appeal from the Circuit Court of the United States for the Eastern District of Louisiana, sitting as a court of equity. As the merits of the case were not involved in the decision of the court, it will only be necessary. to give such a narrative of the facts as will illustrate the points of law upon.which the decision turned. On the 24th of November, 1837, James S. Douglas, of the State of Louisiana, made his last will and testament, as follows - I, James S. Douglas, of the parish of Concordia, and State of Louisiana, being feeble in body, and knowing the uncertainty of this life, but of sound and disposing mind and memory, do make and publish this my last will and testament. First. I direbt that all my just debts be pai as soon after my

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