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President, Directors, and Company of the Bank of the United States, and the United States, v. James B. Beverly and Jane his wife, William Ramsay and Elizabeth his wife, Hamilton and James Peter, heirs of David Peter, deceased, and George Peter, surviving U.S. 134 (1843)

handle is hein.slavery/ussccases0328 and id is 1 raw text is: I SUPREME COURT. Bank of the United States v. Beverly et al. proportion at the rate.of an interest of five-eighths in a moiety of the original purchase of Morris and Williams, and that the court shall take such other proceedings in, the cause as equity may require. ORDER. .This cause came on to be heard on-the.transcript of the record from the Circuit Court of the United States for the eastern district of Pennsylvania, and was argued by counsel., On- consideration whereof, ,it is now here considred, ordered, aid decreed by this court, that. the decree 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 Circuit Court, with ingtructions to that court to have an account taken; and that the complainant be allowed -his proportion at the rate of an interest of five-eighths in a moiety of the original purchase of' Morris and Williams, and that the said court shall take such other:proceedings in the cause as equity may require. THE PRESIDENT, DIRECTORS, AND COMPANY OF THE BA or mz 'UNITED STATES, AND THE UNITED STATES, V. JiAxEs B. BEVERLY AND JANE HIS WIFE,*,WILLIAM RAMSAY AND ELIZABETh HIS WIFE, HAMILTON AND JAYE s PETrER, HEIRS OF DAVID PETER, DECEASED, AND GRORGE PETER, SURVIVING EXECUTOR- OF DAviD ,P.TER DECEASED. The case in 10 Peters, 562, reviewed.and confirmed. A fact tried aid decided by a court of competent jurisdiction canxiot.be. cpu- tested again between ihe same parties; arid' there is no difference in this respect between ;L verdict and judgment-at common law and a decree of a court of equity. But an answer in Cbaxcery setting up, as a defence, the dismission of a former, bill filed b'y the same complainants,'is not sufficient unless the rbeord be exhibited. A disposition by a testator of his personal property to purposes other thau .the paynent of his debts, with the assent of creditors, is in ilself a charge on the real estate, subjecting it to the payment of the debts of the estate, although no suuch charge is createdby the words bf the will. .134

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