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William Taylor and others, Appellants, v. George M. Savage, executor of Samuel Savage, deceased, Defendant U.S. 282 (1843)

handle is hein.slavery/ussccases0330 and id is 1 raw text is: SUPREME COURT. JOEL-,COLLINS, A PETITIONER IN BANKRUPTCY; V. JAESoBLYTH, AN OPPOSING CREDITOR. (This case is similar to that of Nelson.) ORDER. THIs oause came on to be heard 'on the transcript of the record fron the',ircuit Court of the United States for the district of Ken- tucky, and on the points and questions on which the judges of the said Circuit Court were opposed in opinion, and was argued by counsel.. On consideration whereof, it is now here ordered and -adjudged by this court, that this cause be and the same is hereby dismissed for the want of jurisdiction, and that this cause be and the.same is hereby remanded to lhe said Circuit Court, for such •proceedings to be had therein as to law and justice may appertain. WILaAAI TAYLOR AND OTHERS, APPELLANTS, v. GEORGE M. SAVAGE, EXECUTOR OF SAKURL SAVAGE, DECEASED, DEFENDANT. Where a decree is passed by the court below against an executor, being the defendant in a chancery suit, and before an appeal is prayed the executor is remnoved by a court of compotent jurisdiction, and an administrator de bonts non with the will annexed, is appointed, all further proceedings, either by execution or appeal, are irregular, until. the administrator be m~de a party to the suit. If an execution be issued before the proper parties are thus made, it is unau- •thorized and v'oid; and no right of p'roperty will .pass by a sale under it. The, admitfistrator cannot obtain redress by application to this court, but must first be made . party in the court below. -This may be done at the instance - of either side. After he is thus made a piarty ,-e may -stay proceedings by giving bond, or the I complainants may enforce the decree, if the bond be not filed in time. It is not clear that a complainant who has appealed from a decree in his favour, in the hope of. obtaining a larger sum, can, pending the appepi, issue execu- * tion upon the decree of the couri below. Morehead,-of counsel for the appellee, moved the court for leave t6 give aii.4ppeal bond in this case, which shall operate as a supersedeas, and for leave to docket the cross-appeal, and for such relief as may meet the case.

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