AMIS V. MYERS, 57 U. S. 492 (1853)

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U.S. Supreme Court

Amis v. Myers, 57 U.S. 16 How. 492 492 (1853)

Amis v. Myers

57 U.S. (16 How.) 492


Where a complainant filed a bill on the equity side of the circuit court for an injunction to prevent the sale of slaves which had been taken in execution as the property of another person, the evidence shows that they were the property of the complainant, and the circuit court was directed to make the injunction perpetual.

Junius Amis filed his bill under the following circumstances:

The respondent David Myers, having obtained a judgment against William D. Amis, issued execution thereon and caused to be seized seven slaves. The complainant, Junius Amis, thereupon filed his bill claiming these slaves as his property and praying an injunction to arrest the sale of them. He made David Myers and W. F. Wagner, the marshal, parties defendant to the bill. The injunction was afterwards granted.

David Myers appeared and filed his answer. He admitted the issuance of the execution as alleged, and he admitted the marshal's seizure of the property as alleged and the advertisement for sale under the process, but he denied the complainant's title and denied all interest in him, legal or equitable, concerning the said slaves. And the defendant further charged that these slaves were purchased by William D. Amis of Nathaniel Hill in New Orleans for the sum of five thousand dollars; that they were delivered to him and taken by him to the plantation on which he resided, in the Parish of Madison, where they remained until the levy aforesaid.

The circuit court, upon the final hearing upon bill, answer, depositions, and proofs, dissolved the injunction and dismissed the bill with costs. The complainant appealed to this Court, and, having died, his executor and executrix were made parties.

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