The national Republican., 1867-04-04
THG COURTS.
SUPREME CoURr os THs UmrrD STATES.

SUPREME CoURr on THr UsIrED STATES
- "WEDNESDAY, April s, 1857.
The Chief Justice announced the appointmsnt
by the court Of Richard @. Parsons, esq., Of the
State Of Ohio, as Marshal Of this court, pursuant 10
the act Of Congress entitled "An act 70 provide for
the allotment Of the membep Of the Supreme Court
among the circuits, and for the appointment Of
Marshals for the Supreme Court" approved March
2, 1867.
Mr.. Parsons then appeared In open court and,
having been duly sworn and having given bond in
the sum Of twenty thousand dollars, entered upon
the duties Of his Office.
No. lb6. James D. and John Niohoi, complain
ants and appellants, vs.. Lyon J. Levy. Of al The
MoPherson, Of counsel for the appellants, and con.
tinued BY Mr.. Wilson and Mr.. Bradley, Of counsel
for the appellees.
Adjourned until tomorrow at IL o'clock.
Equity DseisiOn Of the Supreme Court Of a State,
under its Statntsy, az 70 Real Properly therein,
an E,tOprsi-7J D. and = NieGoi', Appsiiant'
vs. Lyon j. Leov ct di-This IL an appeal from the
Circuit Court for tho middle district Of Tennessee
where . bill was fled in August, 1860, for an in.
junction to restrain tbs defendants from selling
under executions at Law againit the complainsnts,
certain lands In which the oomplslnans were inter.
ssted, the ground that the lands were not liable
to be sold to satisfy the Judgments In question
The court refused TO grant the injunction, and
this appeal was takeu, presenting the following
questions for determination:
Whether the matter Of the liability Of the lands
not adjndiedfd In favor Of the appellants In
cree was for them' and, as an original question,
whether the complainants had any such estate In
the lands as was liable 10 execution at law?
The appellants were 'benshciariss under . trust
which provided that the trust fund should not be.
come liable for the then existing dsbts Of the
essHi que trust. Action brought by their cred
itors TO mako certain lands under the trust liable
for debts incurred before the date Of the trust and
the court below came 10 the conclusion that 'the
property In question cannot be subjected TO the
complainant's claim" and dismissed the bills.
The grantor subsequently, dying, partition was
had, and portions Of the lands were sold; and i'm.
mediatsly thereafter the creditors in that suit and
others who were judgment creditors caused execu-
tons to DO levied upon the entire tract Of land in
question, and II was accordingly advertised for
sale whereupon the bill In this case was fled In the
United States Circuit Court for an Injunction 10
prevent the sale setting forth the proceedings be.
fore mentioned, BY which they oontended the cred
itoSs were estopped, and also relying upon the OF.
smpton Of the property sooordlns to the terms and
conditions Of the trust under which they held.
Upon final hearing Of the matter the court were
Of the opinion that the creditors not estopped
by the decree Of the Supreme Court, and "that the
| terms Of exclusion Of the donee's creditors not
| amounting to q limitation Of the estate, can no
| more rspel the creditors than q restraint upon
alienation in the hands Of the donee himssif -
The Injunction was denied and this appeal was
taken, the appellants maintaining that the decree Of
the Supteme Court Of Tennessee estops the parties
to the proceedings In which II was rendered as to
the matter In question; that the decision, II not
an estoppel, Is controlling authority, being de-
cision UPON the construction Of q statute Of that
State, and laying down a role Of real property
therein The provisions Of the trust constituted Il
special trust, and protected the property against
the claims Of these creditors They attack the posi-
tion taken by the court below, above indicated.
Carlisle and Mcpherson for appellants; Wilson
and Bradley for appellses.