Samuel Nelson

“ The courts of equity, true and consistent to the doctrine that 'all acts, as well judicial as others, mixed with fraud and deceit, are in judgment of law wrongful and unlawful,' have ever refused to grant any relief to a party who comes into a court of equity as plaintiff, asking to have advantage of fraudulent or unfair proceedings. ”

“ Douglas and Archibald Douglas, as complainants in equity, ensconce them from reprobation for having art and part in the fraudulent and covinous proceedings which they make the groundwork and gravamen of their accusations and prayer for relief? The maxim in equity is, a complainant must come into the court with clean hands. ”

“ Lord Redesdale laments numerous proceedings in the exchequer, at a time when that court was oppressed with business, and could not take time for full investigation and right decision, whereby advantage was taken by such proceedings to defraud persons of property to which they were entitled. 'It was one of the crying grievances of time. A systematic use has been made of the decrees of a court for the purpose of effecting fraud; and it has been as much a swindling contrivance to deprive a family of its estate, as any of those contrivances which swindlers practise upon unwary young men. ”

“ It is equally well settled, that what one cannot do by himself, he shall not be permitted to do through the instrumentality of a mere ministerial officer,-such as a sheriff or marshal,-acting under his directions and orders, and under pretence of judicial authority, disturbing third parties in the possession and enjoyment of their property, leaving them to the uncertain and inadequate remedy of action for the trespass, against the officers, or to follow the execution creditor, perhaps into a distant State, in quest of satisfaction. ”

“ At all events, we think it due to the appellant, and to justice, looking at the nature and character of the transaction and proceeding as developed in the pleadings, that the case should be cleared of all doubts and dispute upon this point. We shall, therefore, reverse the decree, and remit the proceedings to the court below, with direction that all further proceedings on the three judgments and executions be stayed, as it respects the property seized and in question, but that the appellant have liberty to file a cross bill, and take such further proceedings thereon as he may be advised. ”

“ This incapacity, it is said, arose from the fact, that Emeline Douglas, who has since intermarried with Maxwell W. Bland, was at that time the tutrix of her minor children, and that Archibald Douglas, the other purchaser, was their under-tutor, by the appointment of the court of probates. This the record itself shows, and is admitted.
It is, undoubtedly, a general rule that all qui negotia aliena gerunt are incapable of purchasing, for their own benefit, property in which those they represent are interested. ”

“ The appellees do not deny that the writs of fieri facias issued regularly upon the judgments, and that the marshal acted regularly in the performance of his duty, according to their mandate. Their only complaint is, that in obedience, not to the writs, but to the orders and directions of the appellant, the marshal has seized and taken in execution their property, instead of the property of the defendant in the judgments; and their only claim is to have the question of property tried by the law of Louisiana ”

“ Where it is for the interests of the parties concerned, a court will permit a person, standing in any of those relations, to become a purchaser. And, therefore, it has been frequently held that a purchase made by a trustee, under judicial sanction and approbation, was not on that ground to be questioned or set aside. ”

“ So in Louisiana, where the general rule unquestionably prevails, it has been expressly held that a mother, being tutrix of minor heirs, might lawfully become a purchaser at a probate sale of property belonging to her deceased husband's succession, if sanctioned by the judge within whose jurisdiction the minors have been brought ”

“ At law, defendant may plead that the judgment against his testator was by fraud and covin. If a decree was by fraud and covin, the party may be relieved against it; not by rehearing or appeal, but by original bill. By Lord Hardwicke, chancellor. Bradish v. Gee, Amb., 229.
'Equity has so great an abhorrence of fraud, that it will set aside its own decrees, if founded thereon.' 13 Vin. Abr., Fraud (Aa.) , pl. 9, 10, p. 543.
'Equity will never countenance demands of an unfair nature; in this case it was to have an allowance for attending at auctions to enhance the price of goods ”

“ This was exactly what the appellant most desired to avoid. It was to overreach the other creditors,-to obtain more than his just dividend at their expense,-that, in fraud of the law of the State, he brought his suits in the Circuit Court. If he fails in the attempt, the consequences are of his own seeking. But he has still a locus pentientice, for, by the Civil Code of Louisiana, articles 1060, 1061, creditors who omit or neglect to present their claims are entitled, even after final distribution, to an equal dividend with those who have been more diligent ”

“ The record of the proceedings in the parish court of Louisiana, offered by complainants in equity as evidence of their title to the property levied upon by the marshal to satisfy the executions, contains no report of the payment of the prices which they bid; the complainants offer no proof of payment; their bill does not allege payment; the sum was above their circumstances and ability to pay in cash; the record abounds with evidence of fraud and collusion ”

“ A purchase by a trustee, or other fiduciary, is not absolutely void, but voidable only. The heirs in this case are the cestui que trusts, and it is their right, and not the right of the appellant, who is a creditor only, and a creditor who has renounced all benefit under these mortuary proceedings, to call in question, or set aside, the sales made to the appellees. ”

“ It gives strength and stability to its possession and enjoyment, by forbidding the violation of either, except upon legal proceedings properly instituted for the purpose. Neither can be disturbed, except by judgment of law. For this purpose the appropriate action is given, providing for the secession of all contracts, as well as for revoking all judgments when founded in fraud of the rights of creditors.
In this court, a bill filed in the equity code is the appropriate remedy to set aside the conveyance. ”

“ On the 21st of December, 1842, Archibald Douglas, Maxwell W. Bland, and Emeline, his wife (late Emeline Douglas) , filed their bill in the Circuit Court of the United States for the Eastern District of Louisiana, against Christopher Ford and the marshal, praying for an injunction to stay further proceedings under the judgments, and that they might be quieted in their possession of the property which they had purchased. ”

“ Does the report of a sale of lands and slaves, as having been made by a parish judge in the State of Louisiana, to a bidder at the price of $83,000, shield and defend the bidder from all inquiries as to his fraud, collusion, art, and part in procuring a fraudulent judgment and order of sale ”