McRea v. Branch of the Bank of the State of Alabama at Mobile

THIS was an appeal from the Circuit Court of the United States for the eastern district of Arkansas, sitting in equity.

The bill was filed by the Branch Bank of Alabama, under the circumstances which are stated in the opinion of the court. It had a double aspect; first, setting up a lien upon the slaves, by virtue of the deed of trust to Gale; and secondly, as a creditor in common with others, to set aside the bill of sale to Margaret McRea, as fraudulent and void, as against creditors.

The Circuit Court decreed that the bill of sale from John D. Bracy to Margaret McRea was fraudulent and void, made for the purpose of hindering, delaying, and defrauding the creditors of Bracy, and especially the complainants. They therefore decreed that it should be set aside, and in case the administrators did not pay the account of the Bank, which had been presented to them, that the marshal should sell the slaves for the benefit of all the creditors of Bracy who should signify their willingness to come in and bear their share in the costs and expenses incurred, in the mode which is custimary in a creditor's bill.

From this decree the administrators appealed to this court.

The case was argued by Mr. Lawrence for the appellee, no counsel appearing for the appellants.

Mr. Justice CURTIS delivered the opinion of the court.