Mellen v. Buckner

Citations

• 139 U.S. 388
• 11 S. Ct. 598
• 35 L. Ed. 199
• 1891 U.S. LEXIS 2393

Syllabus

<p>M., a planter of Louisiana, died in 1860, leaving as his heirs, the minor children of his deceased daughter Julia, and the minor grandson of his deceased daughter Ann. At the death of his wife, in 1844, a large portion of the property then in his possession was community property, in which she was entitled to a half interest. Before his death he attempted, by sale and donation of specified estates, valued and appraised by him, to give to his daughter Julia (who was then living) her interest in the community property left by her mother and three-fourths of his own remaining estate; and, in a like way, to give to the grandson of his daughter Ann his like interest in the community property and the remaining one-fourth of his own estate. At his death he left a will with similar provisions. The parties each entered into possession of the properties thus respectively assigned to them, occupying in separate parcels, without interference from the testamentary executor. But in 1809 the testamentary executor of M. made a simulated sale of all the lands at the instance of one of the parties concerned. A creditor of his estate then filed a bill on behalf of himself and other creditors, to set aside this sale as fraudulent, and to subject the lands to the payment of the testator’s debts; and such proceedings were had thereon that this court, at October term, 1883, decided that the sale was fraudulent .in fact, and that the lands in- the hands of the heirs were liable for his debts. Johnson v. Waters, 111 U. S. G40. The cause having been remanded to the Circuit Court for further proceedings and to ali'ord other creditors an opportunity to become parties, the representatives of the heirs of Julia and of the heirs of Ann respectively presented their claims as creditors for their interest in the community.property, and also filed bills in the nature of supplemental or cross bills, setting up that they were not parties to the former decree, averring the validity of the sale declar