Samuel Forgay and Eliza Ann Fogarty, Wife of Wells, Appellants v. Francis Conrad, Assignee In Bankruptcy of Thomas Banks

CourtUnited States Supreme Court
Writing for the CourtTANEY
Citation6 How. 201,47 U.S. 201,12 L.Ed. 404
PartiesSAMUEL L. FORGAY AND ELIZA ANN FOGARTY, WIFE OF E. W. WELLS, APPELLANTS, v. FRANCIS B. CONRAD, ASSIGNEE IN BANKRUPTCY OF THOMAS BANKS
Decision Date01 January 1848

47 U.S. 201
6 How. 201
12 L.Ed. 404
SAMUEL L. FORGAY AND ELIZA ANN FOGARTY, WIFE OF E. W.
WELLS, APPELLANTS,
v.
FRANCIS B. CONRAD, ASSIGNEE IN BANKRUPTCY OF
THOMAS BANKS.
January Term, 1848

THIS was an appeal from the Circuit Court of the United States for the District of Louisiana.

The facts in the case are set forth in the opinion of the court.

Mr. Sergeant moved to dismiss the appeal, because the decree of the court below was not final, and because the appeal was not regularly brought up. On the second point, he said that there were several defendants, one only of whom had appealed. But all the parties must join. 7 Peters, 399. He referred the court, however, upon this point, to Todd v. Daniel, 16 Peters, 521. A case must not come up in fragments. 3 Peters, 307; 3 Dall. 188.

To show that the decree was not final, he referred to The Palmyra, 10 Wheat. 502; Chace v. Vasquez, 11 Wheat. 429; Brown v. Swann, 9 Peters, 1; Young v. Grundy, 6 Cranch, 51; Rutherford v. Fisher, 4 Dall. 22; Lea v. Kelly, 1 Peters, 213; Young v. Smith, 12 Peters, 287.

Mr. May, contra.

Against the motion to dismiss, it is submitted,——

1st. There are proper parties to this appeal.

The appellants have separate and distinct interests, and the

Page 202

decree is several. Todd v. Daniel, 16 Peters, 523; McDonough v. Dannery, 3 Dallas, 188, 193, 198.

On order of court. The petition for an appeal by appellants alone is found in the record, p. 198. This was notice to the other defendants below of the appeal.

2d. The decree is final.

It decides the title of all the property in dispute, decrees that it be delivered up to the complainant, and that execution issue, &c. Wilson v. Daniel, 3 Dallas, 404. The whole law of the case, so far as the appellants are concerned, is settled by the decree; nothing is left to be done but the ministerial duty of stating an account, which in this case is in the nature of an execution to carry out the decree; the principles of the account are prescribed. It is like the case of Ray v. Law, 3 Cranch, 179 (explained in 10 Wheaton, 503). Whiting v. Bank of the United States, 13 Peters, 15.

Mr. Chief Justice TANEY delivered the opinion of the court.

A motion has been made to dismiss this appeal, upon the ground, that the decree in the Circuit Court is not a final decree, within the meaning of the acts of Congress of 1789 and 1803.

The bill was filed by the appellee, as the assignee in bankruptcy of a certain Thomas Banks, in the Circuit Court of the United States for the District of Louisiana, against the appellants, and Banks the bankrupt, and three other defendants. The object of the bill was to set aside sundry deeds made by Banks for lands and slaves, which the complainant charged to be fraudulent, and for an account of the rents and profits of the property so conveyed; and also for an account of sundry sums of money which he alleged had been received by one or more of the defendants, as specifically charged in the bill, which belonged to the bankrupt's estate at the time of his bankruptcy.

The case was proceeded in until it came on for hearing, when the court passed a decree declaring sundry deeds therein mentioned to be fraudulent and void, and directing the lands and slaves therein mentioned to be delivered up to the complainant, and also directing one of the defendants named in the decree to pay him eleven thousand dollars, received from the bankrupt in fraud of his creditors, and 'that the complainant do have execution for the several matters aforesaid, in conformity with law and the practice prescribed by the rules of the Supreme Court of the United States.' The decree then directs that the master take an account of the profits of the lands and slaves ordered to be delivered up, from the time of the filing

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of the bill until the property was delivered, or to the date of the master's report, and also an account of the money and notes received by one of the defendants (who has not appealed) in fraud of the creditors of the bankrupt, and concludes in the following words:—'And so much of the said bill as contains or relates to matters hereby referred to the master for a report is retained for further decree in the premises; and so much of the said bill as is not now, nor has been heretofore, adjudged and decreed upon, and which is not above retained for the purposes aforesaid, be dismissed without prejudice, and that the said defendants do pay the costs.'

Among the deeds set aside as fraudulent is one from the bankrupt to Ann Fogarty, otherwise called Ann Wells, for two lots in the city of New Orleans and sundry slaves which she afterwards conveyed to Forgay,...

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486 practice notes
  • In re Jefferson Cnty., No. 11–05736–TBB.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Northern District of Alabama
    • January 6, 2012
    ...to take possession of property has assessed the impact of a receivership on the property interests of parties. In Forgay v. Conrad, 47 U.S. 201, 6 How. 201, 12 L.Ed. 404 (1848), while examining whether an order was final in the context of a bankruptcy case where the bankrupt's property inte......
  • In re Jefferson Cnty., No. 11–05736–TBB.
    • United States
    • U.S. Bankruptcy Court — Northern District of Alabama
    • January 19, 2012
    ...to take possession of property has assessed the impact of a receivership on the property interests of parties. In Forgay v. Conrad, 47 U.S. 201, 6 How. 201, 12 L.Ed. 404 (1848), while examining whether an order was final in the context of a bankruptcy case where the bankrupt's property inte......
  • Ford Motor Co. v. Transport Indem. Co., Nos. 84-1735
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 30, 1986
    ...construed in a "strict and technical sense," but must be given a "reasonable construction." Forgay v. Conrad, 47 U.S. (6 How.) 200, 203, 12 L.Ed. 404 (1848); see Brown Shoe Co. v. United States, 370 U.S. 294, 306, 82 S.Ct. 1502, 1513, 8 L.Ed.2d 510 (1962). Thus, a district court judge "does......
  • Rosenfeld v. U.S., No. 87-2975
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 22, 1988
    ...Exception The government also argues that this case falls under the "hardship" rule of Forgay v. Conrad, 47 U.S. (6 How.) 201, 204, 12 L.Ed. 404 (1848), which permits immediate appeal if the order "requires the immediate turnover of property and subjects the party to irreparable harm if the......
  • Request a trial to view additional results
485 cases
  • In re Jefferson Cnty., No. 11–05736–TBB.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Northern District of Alabama
    • January 6, 2012
    ...to take possession of property has assessed the impact of a receivership on the property interests of parties. In Forgay v. Conrad, 47 U.S. 201, 6 How. 201, 12 L.Ed. 404 (1848), while examining whether an order was final in the context of a bankruptcy case where the bankrupt's property inte......
  • In re Jefferson Cnty., No. 11–05736–TBB.
    • United States
    • U.S. Bankruptcy Court — Northern District of Alabama
    • January 19, 2012
    ...to take possession of property has assessed the impact of a receivership on the property interests of parties. In Forgay v. Conrad, 47 U.S. 201, 6 How. 201, 12 L.Ed. 404 (1848), while examining whether an order was final in the context of a bankruptcy case where the bankrupt's property inte......
  • Ford Motor Co. v. Transport Indem. Co., Nos. 84-1735
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 30, 1986
    ...construed in a "strict and technical sense," but must be given a "reasonable construction." Forgay v. Conrad, 47 U.S. (6 How.) 200, 203, 12 L.Ed. 404 (1848); see Brown Shoe Co. v. United States, 370 U.S. 294, 306, 82 S.Ct. 1502, 1513, 8 L.Ed.2d 510 (1962). Thus, a district court judge "does......
  • Rosenfeld v. U.S., No. 87-2975
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 22, 1988
    ...Exception The government also argues that this case falls under the "hardship" rule of Forgay v. Conrad, 47 U.S. (6 How.) 201, 204, 12 L.Ed. 404 (1848), which permits immediate appeal if the order "requires the immediate turnover of property and subjects the party to irreparable harm if the......
  • Request a trial to view additional results

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