Brown v. Bass

APPEAL from the Circuit Court of the United States for the Southern District of Mississippi.

A bill was filed in the court below to foreclose a mortgage executed by C. R. Bass, now deceased, and Eugenie his wife, on the 22d November, 1851, to Brown, to secure the payment of two promissory notes-one for the sum of $1704.03, and the other for $1703.16-payable respectively 15th January, 1854, and 1855, at a house in New Orleans.

The answer set up, by way of defence, in substance, that Brown, to whom the mortgage and notes were given, was not the legal or equitable owner of the same; but, on the contrary, that the property in them belonged to the Bank of Mississippi, and that the transaction out of which they arose was illegal, and the notes and mortgage in the hands of Brown void. The court below sustained the defence; and the case was now here for review.

''Messrs. Carlisle and McPherson for the appellant. Mr. Reverdy Johnson, contra''.

Mr. Justice NELSON delivered the opinion of the court, stating previously the case.