The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-22
Law Intelligence.

IMPORTANT DECISION i.ELATIvE TO MAR8'Ahs PORTIONS
Wife, and James ". Wyley.-Appeal from the Tenth
District Court of Carroll The right of ownership, un
der marriage settlement made by parties residing in
another State, and valid by the laws of that State will
not be affected by the removal of both to this State
law of the State in which It is made, to be Of effect
lien by judgment constitutes right to the property
itself but confers only right to levy the to
the exclusion Of adverse interests subsequent to the
judgment. In Louisiana a marriage settlement adverse
to creditors would be of no effect. Where by deed
made his property to B. in trust for the benefit of
his creditors held that the legal title remains in and
that could not convey the by deed of trust to
another, for the benefit of his wife under marriage
contract. deed so made conveys legal title, and
but gives to the intended wife, her trustee for
the property when the prior deed shall be satisfied by
the payment of the debts or otherwise This suit Is
brought on a Judgment obtained by the plaintiffs in
the State Of Mississippi against the defendants The
object OF it is to obtain judgment in this State against
Samuel Templeton of the defendants and to
conveyance OF certain slaves made by said Tempeton
to the other defendant, James W. Wyey in trust for
Mrs Templeton, in consideration of marriage and to
subject the slaves twentyone in number to the pay
ment Of the plaintiffs debt There a verdict of q
jury in favor of the plaintiffs against Templcon for the
Wyley and Mrs. Templeton, against the plaintiffs; and
Judgment having been rendered accordingly the plain
tfs have appealed Eustis, Chief J.stice,If the mar
rage settlement was valid against the plaintiffs under
the laws of Mississippi the parties residing there and
the property upon which it was to operate being also
under it not affected by the of both to this
State 1t is apparent from the testimony that the requi-
ment proctor recording of the deed of trust have not
been complied with; nor does it appear that the in
strument ever had effect in the State of Missssipp
In the case of Armicd Armfeld LIST Freeman's Re.
ports, $40, the Chancellor of Mississippi gives his
opinion that courts of equity go very far to sustain
to the treatise OF MIR. Atherly marriage settle
ments page $50, as containing the doctrine that the
aim of creditors is never an objection to the execu-
ton of marriage articles unless they creditors by
Judgment other matter of record before the articles
entered into. See Also Sugdcn on Vendors chap
IL sec. ZO-COOte on Mortgages, II. By the
Mississippi legislature the liens created by judgments
years. The plaintiffs judi ment was duly enrolled be-
fore the date of the marriage settlement is not un-
derstood that that general lien by Judgment land
constitutes in law per property right in the land
itself 1t only confcrs right to levy the same to
the exclusion of other adverse interests subsequent to
means i Peters's Reports, 443 Under our laws 81
marriage settlement of this character adversely to Gre
understand on what ground it be sustained on tho
principles Of equity recognized in England and Misss
sippi The case cited that of Armtcld appears be
conclusive aga inst the defendant the settlement under
these circumstances is in just is it free
from the imputation Of fraud Tempcton the defen-
ed his whole legal estate in tho slaves with the other
property to his brother for the of his creditors IL
Is clear that he had no legal title remaining in him,
which he could convey in the marriage settlement.
The deed to his brother, whether fraudulent his Gre
dors not valid between the parties and was of
ample force, at law, to vest the legal title to
the slaves in Joseph Templeton And the deed from
Samuel Tomplcton to Wiley in October Is43 convey
ed no leg al title in this property 1t gave to the in
tended wife, or her trustee for her benefit the right to
have conveyance made to her Of the property when
the prior deed should be satisfied by the payment Of
the debts, or otherwise discharged Ii only created in
her favor lien in equity, which of validity against
creditor until either actual notice, the filing of
bill asserting such lien, which is constructive notice
1t is therefore decreed that the judgment against
Samuel Templcton be affirmed, and that in favor Of
Martha f. Tompleton and the said Wiley be reversed
and the conveyance Of the deed Of trust far
lates to the slaves be declared null and subject to the
payment of the plaintiffs claim-the appcees paying
coats.-NeW Orleans ficayune, .4PH III.
INTERESTING MARINE CAsE.-UNIrED STATES DisrRrcr
CouRr, BosToS,The trial Of John w Crafts, for
spiracy to have the ship Franklin cast away commence
I'd yesterday, in the United States District Court
Judge sprague presiding Previous to commencing the
Wilson alleged compce, to be arraigncd Will
pleaded not guilty and his trial postponed un-
til some time next week.
The second and seventh counts of the Indictment
against Crafts we're mol p'od by the District Attorneys
Judge Sprague, holding stock in the Offices named
therein felt unwilling to try the offences set forth in
said counts
After the indictments had been read to the jurv.
George Putnam, ESD junior counsel for the United
States, opened the Mr.. Putnam in his introduce
tory remarks, stated that the prosecution of John w
Crafts under the statute of 1925 section % chan
Co. Of the laws Of the United States, which Is as fpl
lows
That ifany person persons shall on the bicb so,,
or within the United States, wilfuy and corrunfIv 49,
spire combine and confederate with any Other nr
or persons, being either within without tho yntoI
states to F"s' away burn or otherwise destroy any
intent injure any person, body polite int ha
al thcreaftcrwards underwent, anu
policy If insurance threoD or goods on board
of with intent to inurc any person or b5v noiit;
that hath lent or advanced or she'll lend or advance
any money such vessel. on botomry or rcsnnndcn
tia or shall within the United States buiJ or NJ n,,t
or aid in building or fitting out any slip or vessel with
intent that me same shall be cast away burnt or de-
.royeu lor .he purpose or with the design aforesaid
be deemed guilty of felony, and shall be punslcd by
ne, MOI exceeding ten thousand dollars and by i'm
risorment and confinement to hard labor moi cxcccd
ng ten years" NV "
Inc prosecution Is for conspirng &C. to cast away tho
mp rr"hiin, WIN intent to dcfraud certain ins,ir
'hce companies. There are three ndictmcuts;-Onc
or oonsplring with Charles Smith captain of The ves
e'' ohe III eoh'pirn5 with James w. Wilson; and