New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-06-08
COURr RRCORD.
"WEDNESDAY, JUNE Z, l06.

wEDNEsDAY. JUNE 7, l06.
Usitea ssates saprene Ceurs.
The following decision was promulgated
on the nth instant:
No. 50. Henry n. Nsblett y. James e.
for the District Of L0uisiana. Tho allega-
tion Of error in this case 10 confined to .
single point. In his brief the counsel for
the appellant says:
''Tbe court erred in NOT making the pay
ment Of our bond 3 condition precedent to
the reconveyance Of the plantation as cot
forth in our motion for 4 new trial; and on
this ground and from this psinr of the de
cree do We appeal and ask for relief"
The action was brought to set aside the
conveyance of plantation in Louisiana,
made by MactaIland to the appellant. Neb-
lett, upon the allegation that the convey
ance was obtained by fraudulent acts and
representations Of Neblett and his father.
The only consideration given or profassed
to be given by Neblett for the conveyance
was the cancellation Of . certain bond for
the sum of 81, AGA 81. executed by Macfar-
land to Sterling Neblett, the father, and
alleged to be the property OF Henry
Neblett.
The court below sdjudged the transaction
to be fraudulent, directed the execution Of
dered the return and delivery Of the bond
for &l4, AGA 81, unaffected by any indorse-
ment of credit or payment thereon, and the
same, with the mortgage made for its se-
curity, to retain the same lien thereon and
the came force and effect - if the deed had
not been made or any cancellation of the
bond taken place.
The complaint now made 10 that, instead
of directing return of the bond in specie,
g. H. ~EA L.
the court should have directed the pay
thereby. In cases of this character the
general principle is that he who seeks
equity must do equity; that the party
against whom relief 10 sought shall be re-
mitted to the position he occupied before
the transaction complained Of.
The court proceeds ON the principle that
- the transaction ought never to have
taken place the parties are to be placed a
far - possible in the situation in which
they would have stood If there had never
been any such Transaction. But 1t 10 said
this principle will not benefit tho complain
ing party in this suit He 10 restored here
to his property that he had and parted with
when he received his deed-to wit: his bond
and mortgage. If he had paid 1l4. 500
in money and received in return only q
I bond for the like amount, OF doubtful 20
curity and impaired by the lapse Of time,
he might we'll have complained. But he
paid no money. He surrendered bond
against an insolvent debtor who had left
the country; and mortgage upon IN estate
abandoned by the owner, and in relation to
which the Nebletts, father and son, make
the most bitter complaints of it's Insult cient
security. Whether good or bad he receives
now tho Same security that he gave to his
vendor. Nor is it any objeetion to restora-
ton of property received on fraudulent
sale that It has fallen in value since the
date of the transaction. Affirmed.
Mr.. Justice Hunt delivered the opinion.
United states Ctrcait Cearr.
Mr. Louisa Gasquet Jalues, resident Of
New York. filed bill in chancery against
the city of New Orleans. Henry Ellerman,
Michael Cowan, Peter Markey, F. j. Gas
quet and William Henry, asserting that
she is owner Of six $1,000 wharf bonds, part
of series No. $50; that by city ordinance
pay tho semi annual interest on those
bonds and the principal in ten years.
and that an amount equal to 0Ae-tenth
of the whole of said bonds 10 required
to be set apart out of the receipts q
a sinking fund for the payment Of said
bonds. 1t is also asserted that the city haa
entirely failed to apply said receipts to the
payment OF the interest OF the OOn0e, and
that it has failed to establish the sinking
fund, and has transferred the receipts and
revenues to H. Ellerman down to June 90
1880; that Ellerman has devoted it all t<
bis private use, and that the city has made
no protest, and that the coupons due OF
the first Of June. 1876, have been duly
protested. She also shows that Garvin il
holder of 225 bonds, Gasquet fifty five
Msrkey forty, Henry twenty. The prayer il
that Ellerman and al persons acting under
hisIautbority be epjoined from diverting tn
receipts and revenues of the wharves from
their legal purpose, and prays for the aD
pointment of . receiver to collect the reve
nues.
First District Court.
This tribunal has NO jury and probabl.
will not have this week.
Fourth District Court.
Governor Kellogg last evening appointed
Hugh j. Campbell. ESQ.,, judge of thi
court, and he will take his seat to-day.