McLure v. Benceni
McLure v. Benceni
Opinion of the Court
The question raised by these appeals is, whether the plaintiff has such an interest in the slaves in controversy, or has stated such a case as authorizes the court to interfere with the possession of them by the defendants, or to interrupt legal proceedings between the defendants themselves, for the purposes respectively of asserting a title to the slaves in some of the defendants, or of asserting by another a right to satisfaction out of them for the debt of yet
As between the plaintiff and Benceni separately, there would seem clearly to be no ground for the-interposition of the Court of Equity. They both claim as creditors of the same person, each insisting that the negroes are the property of that person, and liable for his debts. Even if it were true, that the negroes were brought into this State at the instance of Benceni, in order that he might gain a preference over the plaintiff by attaching here before the other could seize in South Carolina, there would be nothing for the cognizance of this court. It would be simply a case of legal priority, obtained by a vigilant creditor, against which equity could not relieve at the instance of a less active creditor, who had no specific title or lien on this property. But all agency on the part of Benceni in getting the negroes here is denied, and it seems he owes his priority -to good luck rather than any foresight of his own. The plaintiff, therefore, has nothing but his own want of diligence to find fault with upon this part of the case. How far the Court of Equity might go in relieving at the instance of a creditor by judgment and execution against an an attachment, upon the ground that the debt therein demanded was not real, and that the process was sned out and kept on foot collusively for the purpose of covering the property and withdrawing it from the reach of just creditors, we do not think it necessary to say definitely. Probably the nature of the debt and the fraudulent purpose might be inquired into, in the same manner and for the same purpose, as if the proofs, instead of being an attachment, were an execution on .a fraudulent judgment. Butin this case the debt appears to be due to Benceni. in the first place, and, in the next, all concert between that party and fill the others is denied; and it is evident that, whether the debt be owing or not, Benceni really claims it as against his alleged debtor, and that his attachment is a Iona fide litigation to obtain satisfaction out of this property, as against all the other parties, plaintiff and defendants. There is then no prin-ple, on.which the jurisdiction can be'changed, oran impedí
The general principle alluded to is this : that a creditor, by judgment in another State, against a citizen of the same State, cannot come into this State for satisfaction out of the debtor’s property, situated here. We do not take notice of claim set up to the negroes by the children under the'father’s -gift; because assuming them to belong to the father, the plaintiff cannot reach them in this way. The proceeding is 2trim® imyressionis. We are not informed of any thing,that can be made to serve' as a precedent; though; doubtless, the case has occurred in very many instances, where the debtor had no property in the State, in which the judgment was rendered, but it was removed into, or before was situate in another State; and attempts like the present would have been often made, if they could have been caried through. It is true, the judgment of the court of one State is deemed valid and conclusive in the courts of a sister State. What was done under a judgment in the State, in which it was rendered, is sustained by them, if brought into litigation in the courts of another Stale. So the latter courts will aid in its execution, when necessary to render it effectual. But they give such aid in its execution by receiving if as evidence of a debt, or of property, when it is made the direct subject of action or of defence in those courts;- and in no other manner. At least we are not aware of any case, in which the court of one State has undertaken to give an extraordinary remedy to a creditor, by judgment in another State, merely on-the ground, that the laws of his own State did not furnish an effectual remedy. If such be the fact, he-
Our opinion therefore is, that so-mush of the decree as continued the order of sequestration against any of the defendants was erroneous, and ought to be reversed with costs to the defendants. All which must be certified to the Court of Equity.
Per Curtam. Ordered accordingly.
Reference
- Full Case Name
- JOHN McLURE v. ANTHONY BENCENI & AL.
- Status
- Published