New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-07-13
COURT RECORD.
WEDNESDAY, JULY II, 1876.
United states supreme Court.

lnlted states supreme Court.
The following was promulgated July S:
No l42. William A. Stone, appellant, VS..
Ezra B. Towne, administrator, ETC., ct al
Appeal from the Circuit Court for the
Southern District of Mississippi.-On the
first day of November, 1857. Oliver Q.
Woodman made his four prom;ssory notes,
PAYABLE to his own order, at tue office OF
Brown, Johnson y Co., New Orleans, and
iudOrsed them in blank and delivered them
to said Brown, johnson & Co. Three of
the notes were for $4,000 each, and one for
$2761 Is, and they fell due at various
periods within five months. They were
given for q pre-existing indebtedne of
Woodman to Brown, johnson & Co., and
were secured by mortgage on the cotton
farm of Woodman, in Louisiana. None of
these notes were paid at maturity. On
May 26, 1859, William A. Stone, the appel
liant in this case, brought suit in the Cir
cult Court Of the United States for the
southern district OF Mississippi, against
Ivory Woodman. as administrator with the
will annexed of Oliver 0. WOodman, on
these notes, and the administrator there.
upon confessed judgment in his favor for
wit, $2l 1868 IS. The suit now before US
is bill in chancery, brought by appel
lees to set aside this judgment. as OBJ
tanned by fraud. These appellees are
citizens Of the State of louisiana, and are
the heirs of Robert w. Burney, and the
ground on which they seek to interpose in
this manner is, that Stone is trying to sub
ject the lands of Woodman to the payment
of this judgment, which lands they claim
had, in the lifetime of their ancestor, L..
w. Burney, been conveyed to him, and
after his death had descended to them. The
Judgment which is aesaiied is not lien on
th;a laCI s;roo II ia rauIarad in Mi aei aaI n
pi, and the land is in Louisiana. 1t does
not bind any of the compliments person
ally, for they are not parties to it in any
way, nor does it bind the administrator or
executor Of Burney, for the same reason.
It is simply a judgment in the State of Mis-
sissippi, in the federal courts, against
the administrator of WOodman's will.
II is very difficult to see on what
principle the complainants, who were not
any sense bound by it. and who can not be
made liable for it in personan,, can sustain
a bill to set aside the Judgment, which is Of
itself no lien on their property and is in its
terms binding only on the administration Of
Woodmans will. The petition in the suit
of Stone to enforce this judgment against
the estate Of Woodman in Louisiana, which
is made part of the bill, does not rely upon
the mortgage, but upon the fact that the
real estate Oh WHICH WOOuMoA Oioo oo.Lou
was never really sold or conveyed to Bur
ney; that his heirs have NO title to
it; that it is still part of Wood
mans succession, and for that reason
liable, in the hands of the admins
traitor, to the payment of this Judgment.
Every defense which the heirs of Burney
can rightfully make to this petition is open
to them. If what it charges is untrue.
they can defend against it successfully. II
it is true, the property ought to be restored
to the succession of Woodman, without
regard to the validity of the judgment.
That is matter between the administrator
of Woodman or his heirs and the judgment
plaintiff, Stone, in which the heirs Of Bur
ney can have NO legal interest. 1t they
have such an interest, they can set it up in
the Louisiana suit, so tar, at least, as may
be necessary to protect their rights, and be-
yond this they have no right to interfere.
On this ground we are satisfied that the de-
cree must be reversed and the bill dis
missed, and it is 80 ordered. Mr.. Justice
Miller delivered the opinion.
The following decision was promulgated
on the seventh instant:
No. "a. Ann Kittredge, widow, etc., vs.
Olivia e. Race and her husband, George
w. Rsce.-In error to the Circuit Court for
the district of Louisiana. This suit was
brought in the court below by Mrs. Olivia