William and Francis Sadler, Complainants v. Thomas Hoover, Sylvanus Chambers, and Samuel Dinkins, Partners By the Style of Thomas Hoover and Company

• Citation: 12 L.Ed. 855,7 How. 646,48 U.S. 646
• Parties: WILLIAM AND FRANCIS SADLER, COMPLAINANTS, v. THOMAS B. HOOVER, SYLVANUS CHAMBERS, AND SAMUEL H. DINKINS, PARTNERS BY THE STYLE OF THOMAS B. HOOVER AND COMPANY
• Decision Date: 01 January 1849
• Court: United States Supreme Court

48 U.S. 646

7 How. 646

12 L.Ed. 855

WILLIAM AND FRANCIS SADLER, COMPLAINANTS, v. THOMAS B. HOOVER, SYLVANUS CHAMBERS, AND SAMUEL H.

DINKINS, PARTNERS BY THE STYLE OF THOMAS B.

HOOVER AND COMPANY.

January Term, 1849

THIS case came up, on a certificate of division, from the Circuit Court of the United States for the Southern District of Mississippi.

The following is the statement of facts agreed upon in the court below, by the counsel for the respective parties, and sent up with the record.

'WM. SADLER and FRANCIS SADLER v. THOMAS B. HOOVER and others.

In Chancery.

'In the Circuit Court of the United States for the Southern District of Mississippi.

'The bill states that at May term, 1839, of the Circuit Court, the defendants, Thomas B. Hoover & Co., recovered judgment against them, and one Francis Ross, their surety, for $3,501.84 debt, and $383.65 damages, with interest thereon from the 17th of May, 1839, and costs of suit; and at the same term, another judgment against them, and one W. D. Henry, as their surety, for $7,881.66, with interest from the 17th of May, 1839, and costs of suit. That executions issued on said judgments, and forthcoming bonds have been given with one Robert Ridley, as security in each case, and that said bonds were returned forfeited to the November term, 1839, and executions about to issue thereon; that the instruments of writing on which these

judgments are founded were given by complainants, in consideration of certain slaves sold by the firm of Thomas B. Hoover & Co. to them, on the 28th of October, 1836, and for which bills of sale were given; that complainants feel themselves greatly aggrieved by the conduct of Thomas B. Hoover & Co.; that they had an understanding with Hoover, by which they might have been relieved from the contract, but which was not reduced to writing with other parts of the contract, and complainants have thus been deprived of its benefit, and will be greatly injured if relief is not afforded to them on the grounds hereafter stated.

'The complainants allege that the said slaves were introduced into this State by the said Thomas B. Hoover, for himself and partners, but a few weeks previous to such sale, as merchandise, and for sale, without any certificate of character, and were sold without any record of certificate, contrary to the constitution and laws of the State of Mississippi; and that the causes of action, on which the said judgments are rendered, were given in direct exchange for said slaves. That complainants have been advised that this court will interfere to prevent the collection of these judgments if they will submit to act rightly, and not use the occasion to act fraudulently and unjustly. On this principle of equity, complainants submit to a rescission of the...