Margaret Rea and Bracy Rea, Administrators of John Bracy, Appellants v. the Branch of the Bank of the State of Alabama At Mobile

• Decision Date: 01 December 1856
• Citation: 19 How. 376,15 L.Ed. 688,60 U.S. 376
• Parties: MARGARET McREA AND BRACY McREA, ADMINISTRATORS OF JOHN D. BRACY, APPELLANTS, v. THE BRANCH OF THE BANK OF THE STATE OF ALABAMA AT MOBILE
• Court: U.S. Supreme Court

60 U.S. 376

19 How. 376

15 L.Ed. 688

MARGARET McREA AND BRACY McREA, ADMINISTRATORS OF JOHN

D. BRACY, APPELLANTS,

v. THE BRANCH OF THE BANK OF THE STATE OF ALABAMA AT MOBILE.

December Term, 1856

THIS was an appeal from the Circuit Court of the United States for the eastern district of Arkansas, sitting in equity.

The bill was filed by the Branch Bank of Alabama, under the circumstances which are stated in the opinion of the court. It had a double aspect; first, setting up a lien upon the slaves, by virtue of the deed of trust to Gale; and secondly, as a creditor in common with others, to set aside the bill of sale to Margaret McRea, as fraudulent and void, as against creditors.

The Circuit Court decreed that the bill of sale from John D. Bracy to Margaret McRea was fraudulent and void, made for the purpose of hindering, delaying, and defrauding the creditors of Bracy, and especially the complainants. They therefore decreed that it should be set aside, and in case the administrators did not pay the account of the Bank, which had been presented to them, that the marshal should sell the slaves for the benefit of all the creditors of Bracy who should signify their willingness to come in and bear their share in the costs and expenses incurred, in the mode which is custimary in a creditor's bill.

From this decree the administrators appealed to this court.

The case was argued by Mr. Lawrence for the appellee, no counsel appearing for the appellants.

Mr. Justice CURTIS delivered the opinion of the court.

This is an appeal from a decree of the Circuit Court of the United States for the eastern district of Arkansas.

It appears from the allegations of the bill, which are supported by the proofs, that in December, 1843, John D. Bracy, then a resident of Alabama, borrowed of the Branch of the Bank of the State of Alabama at Mobile (the appellees in this case) the sum of $9,065, and that Maria Matheson, who was his mother, and another person, joined in the promissory note which was given to the bank for the loan. To indemnify Mrs. Matheson, Bracy conveyed certain negro slaves to one Gale, in trust, to save her harmless. The debt not being paid at maturity, the bank recovered a judgment on it in November, 1845. The trustee afterwards sold some of the slaves, and their price was applied to reduce the debt; but some time in the year 1846, Bracy privately left the State of Alabama, and carried away with him the residue of the slaves, and some other property, not leaving, so far as appears, any other property in that State, out of which the judgment in favor of the bank could be satisfied. He appears to have been for a time in the State of Mississippi. Sometime in 1847 he went to Louisiana; and in the year 1848 he removed with these slaves to White county, in the State of Arkansas, where he employed them in making some improvements on a tract of Government land, where he and they resided. In September, 1849, Bracy went to Louisiana, where Margaret McRea, his sister,...