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![handle is hein.slavery/ussccases0313 and id is 1 raw text is: 298 SUPREME COURT.
Knox et a]. v. Smith et al.
we have no power to look into the bill, on a writ of error, as it is
the creature of statute, and restricted to the points stated. 13 Edw.
1, c. 31. And only so much of the evidence given on the trial as
may be necessary to pesent the legal questions thus raised and
noted should be carried into the bill of exceptions. All beyond
serves only to enctimber and confuse the record, and to peiplex
and embarrass both court and counsel.
We have no concern, on a writ of error, with questions of fact, or
whether the finding of the jury accords with the weight of the evi-
dence. The law has provided another remedy for errors of this
description, namely, a motion in the court below for a new trial,
on a case made. More attention t6 the practice in drawing up the
bill of exceptions, and to method and order in making up the error
books,-would greatly relieve the court, avd enable counsel to bring
out more readily and distinctly for- coiisideration the legal ques-
tions involved. The earlier forms under the statute giving the bill
of exceptions are models which it would be wise to consult and
adhere to.
We think the judgment in the Circuit Court should be afrmed.
JoHN KNo, J~xts Bowas, AND Simas A. KNqox, TRADING UNDER T=E
FiRx or KNox, BOGGS, & Co., APPELLANTS, v. PEYTON SMrTH AND
OTHERS, DEFENDANTS.
A bill in chancery which recites, that the complainants had recovered ajudgment at
law in a court of the United States, upon which an execution had issued and been
levied upon certain property by the marshal; that another person, claiming to
hold the property levierupon by virtue of some fraudulent deed of trust, had ob-
tained a process from a State court, by which the sheriff had taken the property
out of the hands of the marshal; and praying that the property might be sol,
cannot be sustained. I
If the object had been to set aside the deed of trust as fraudulent, the fraud, with
the facts connected with it, should have been alleged in the bill.
There exists a plain remedy at law. The marshal might have brought trespass
against the sheri or applied to the court of the United States for an attach.
mient.
No relief can be given by a court of equity, unless the complainant, by his allega-
tions and proof, has shown that he is entitled to relief.
THIs was an appeal from the Circuit Court of the United States
for the District of West Tennessee, sitting as a court of equity.
The appellants had filed a bill against the defendants, which bill
was- dismissed by the Circuit Court.
The facts in the case were these.
On the 23d of March, 1839, Probert P. Collier, of the county
of Tipton and State of Tennessee, executed to Peyton Smith, of
the same State, a deed of trust, reciting the indebtedness of Collier
to sundry persons, and proceeding as follows :-](ViewImageLocal?handle=hein.slavery/ussccases0313&div=1&collection=&method=preview&ext=.png&size=3)