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Henrietta Amis, Executrix, and William Perkins, Executor of Junius Amis, Deceased, Appellants, v. David Myers U.S. 492 (1854)

handle is hein.slavery/ussccases0221 and id is 1 raw text is: 492               SUPREME        COURT.
Amis et al. v. Myers.
HENRIETTA Ai s, EXECUTRIX, AND WILLrAm PERKINS, EXE-
CUTOR, OF JUNIUS AmIS, DECEASED, APPELLANTS, v. DAVID
MYERS.
Where a complkinant flied a bill onthe equity side of the Circuit Court, for an in-
junction to prevent the sale of slaves which had bcen taken in execution as the
property of another person, the evidence shows that they were the property of the
complainant, and the Circuit Court was directed to make the injunction perpetual.
THIS was an appeal from the Circuit, Court of the United
States for the Eastern District of Louisiana.
Junius Amis filed his bill under the following circumstances:
The respondent, David Myers, having obtained a judgment
against William D. Amis, issued execution thereon and caused
to be seized seven slaves. The complainaat, Junius Amis, there-
upon filed his bill, claiming these slaves as his property, and
praying an injunction to arrest the sale of them. He made
David Myers and W. F. Wagner, the marshal, parties defendant
to the bill. The injunction was afterwards granted.
David Myers appeared and filed his enswer. He admitted
the issuance of the execution as alleged, and he admitted the
marshal's seizure of the property as alleged, and the advertise-
ment for sale under the process; but he denied the complain-
ant's title, and denied all interest in him, legal or equitable, con-
cerning the said slaves. And the defendant further charged that
these slaves were purchased by William I). Amis, of Nathaniel
Hill, in New Orleans, for the sum of five 1;housand dollars; that
they were delivered to him and taken by him to the plantation
on which he resided, in the parish of Madison, where they re.
mained until the levy aforesaid.
The Circuit Court, upon the final hearing upon bill, answer,
depositions, and proofs, dissolved the injunction, and dismissed
,the bill with costs. The complainant appealed to this court,
and, having died, his executor and executrix were made parties.
It was argued by Mr. Goold and MrM. Lawrence, for the appel-
lants, and by Mr. Baxter, for the appellee.
There being-no point of law involved in the case, the reporter
does not deem it expedient to insert the arguments upon the
question of ownership, as shown by the evidence.
Mr. Justice CAMPBELL delivered the opinion of the court.
The plaintiff filed his bill in the Circuit Court of the United
States for the Eastern District of Louisiana, to restrain the sale
of certain slaves taken in execution of a j udgment of that court,
in favor of the defendant against William D. Amis.

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