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John Hagan, surviving Partner of the late firm of John Hagan and Co., Appellant, v. Leroy P. Walker, Administrator of William H. Pope, deceased, and Frances Ann Pope, Widow and Guardian ad litem of William Pope and Julia Ann Pope, minor children of said W U.S. 30 (1852)

handle is hein.slavery/ussccases0249 and id is 1 raw text is: SUPREME COURT Hagan v. Walker et al. William H. Pope, and iipon considerations which the plaintiffs alleged to be colorable and inadequate. The property thus conveyed, was charged to have been the -whole estate of the said Leroy, and William H. Pope was charged to have been, before that time, without. property, and to have had no means of payment for this. The plaintiffs alleged that the property was never delivered to the exclusive possession of Williamn H. Pope, but re- mained as much in the possession of the said Leroy as the said William, and that the said Leroy and William enjoyed the pro- ceeds and profits jointly. They alleged that William H. Pope, in iarch, 1834, con- veyed the land and slaves to the Solicitor of the Treasury in mortgage, to secure a debt due to the United States by the said Leroy Pope, of $29,290.90, which William H. Pope at that date assumed, and for which he gave his notes; and that at the same date he guaranteed to the United States a debt of $20,000, for which other security had been given to the United States by Leroy Pope. They averred that the $20,000 thus mentioned, was paid from the securities deposited by Leroy Pope, and that the only debt really incurred by William H. Pope, was that for $29,- 290.90. This debt the plaintiffs admitted to be a charge on the property, and they did not contest it. They charged, how- ever, that the 'securities to the Solicitor of the Treasury were designed by the grantor (William H. Pope) as a fraud upon the creditors of Leroy Pope. The death of Leroy Pope was alleged to have occurred in 1844, and the appointment of Breck, as administrator, in 1844. The prayer of the bill.was, that the conveyances of Leroy and William H. Pope should be declared null. That, after satisfying the debt of the United States, the remainder of the property should be appropriated to satisfy the debt of the plain- tiffs. Process was prayed against William H. Pope and Samuel Breck, administrators of Leroy Pope, and the Solicitor of the Treasury, (Penrose,) a citizen of the District of Columbia. The defendants, Breck and Pope, demurred to the bill; -the demurrer was allowed by the District Court, and the bill was dismissed. An appeal from this decree of dismissal brought the case up to this court. It was argued by Mr. bohnson for the appellant, and 1r. J: A. Campbell for the appellees. As the demurrer was sustained in the court below, the points before this court to be argued were, the reasons for dismissing the bill and sustaining the demurrer. These were stated by M. Campbell, as follows, and it is sufficient to state the points and authorities.

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