Pierre Felix Coiron and Marie Coiron Minor, By Her Next Friend, Pierre Felix Coiron, Appellants v. Laurent Millaudon, Edward Shiff, Syndics of Alexander Lesseps, Et Al
| Decision Date | 01 December 1856 |
| Parties | PIERRE FELIX COIRON AND MARIE J. T. COIRON, A MINOR, BY HER NEXT FRIEND, PIERRE FELIX COIRON, APPELLANTS, v. LAURENT MILLAUDON, EDWARD SHIFF, SYNDICS, &C., OF ALEXANDER LESSEPS, ET AL |
| Court | U.S. Supreme Court |
THIS was an appeal from the Circuit Court of the United States for the eastern district of Louisiana, sitting as a court of equity.
The facts are sufficiently stated in the opinion of the court.
It was submitted on a printed argument by Mr. Hunt and Mr. Ogden for the appellants, and argued by Mr. Benjamin for the appellees.
The point upon which the case was decided was thus stated by Mr. Benjamin:
I. There is an absence of the parties indispensable in the suit. The complainants seek to set aside a sale made by the creditors of Coiron, through the agency of their syndic, to Millaudon and Lesseps.
In order to do this, both vendor and vendees must be parties. Shields v. Barrow, 17 Howard, 131.
It is obvious, that if the sale complained of be set aside, the effect would be to entitle the defendants to recover back their money from the syndic or the creditors, and to entitle the creditors to take back the property, and have it regularly sold in satisfaction of their claims.
This is an appeal from a decree of the district judge, sitting in the Circuit Court of the United States for the eastern district of Louisiana.
The bill was filed in the court below, by two of the heirs of J. J. Coiron, against Alexander Lesseps, Laurent Millaudon, and others, to set aside a sale of a plantation and slaves to the two defendants named, in 1834, in pursuance of proceedings in a case of insolvency before a parish court in the city of New Orleans.
The father of the complainants, having become insolvent in 1833, applied to the court for liberty to surrender his property for the benefit of his creditors, and that in the mean time all proceedings against his person or property might be stayed, which application was granted, and the surrender of his property accepted.
Theodore Nicolet was appointed syndic of the creditors, and such proceedings were had, that a sale of the plantation and slaves was directed in March, 1834, when the two defendants became the purchasers. The inventory of the debts of the insolvent, which accompanied his application to the parish court, exceeded $177,000, and of his assets, $137,000. The assets sold for some $77,000; and after satisfying the charges and expenses of the proceedings, the balance was distributed among the creditors under the direction of the court. This amount, some $60,000, fell short of satisfying the claims of the two principal creditors, Van Brugh Livingston, and Harriet, his wife, of New York, and the firm of Nicolet & Co., of New Orleans, which were secured upon the estate by mortgages.
The object of this suit is to set aside the sale on the ground of irregularities in the insolvent proceedings, which are set forth in detail in the bill.
The court below, after hearing the case upon the pleadings and proofs, decreed against the complainants and dismissed the bill.
The record is quite voluminous, but we have stated enough of...
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