Spain v. Hamilton's Administrator

MILLER and SWAYNE, JJ., dissented in this case.

THIS was a bill in equity, filed in the Circuit Court for the District of Columbia, by S. Spain, guardian of Mrs. McRae, a lunatic, against the administrator of the late James Hamilton, of South Carolina and Texas, extensively known as 'General James Hamilton,' and against Corcoran and Riggs, Hill, and others; the said bill claiming priority in the distribution of a fund in the Treasury of the United States, originally belonging to Hamilton, and arising by the assumption of the United States, in September, 1850, of certain debts of the Republic of Texas, which fund, or the source of it rather, Hamilton, having become embarrassed and insolvent, had assigned in divers ways and to various extents to different persons, parties plaintiff and defendant in this suit.

The case in its outlines as proved, or by agreements made in the case admitted, was essentially this: the leading facts being derived from the stating part of the opinion of the learned Justice (WAYNE, J.) who delivered the judgment of the court.