Rhodes v. Farmer
THIS was an appeal from the district court of the United States, for the northern district of Mississippi.
The facts in the case are stated in the opinion of the court.
It was argued by Mr. Phillips, for the appellant, and by Mr. Bibb, for the appellee.
Mr. Phillips made the following points:--
A judgment creditor is entitled in equity to attach a debt due to the debtor. Bayard v. Hoffman, 4 John. C. 453; Egberts v. Pemberton, 7 Ib. 209; Hudson v. Plets, 11 Paige, 182; Candler v. Petit, 1 Ib. 170.
Parol evidence was inadmissible to contradict the assignment. It is conceded that the design was to invest the party with a 'legal title.' 1 Story's Eq. §§ 113-115; 6 Ves. 332; 1 Pet. 16; 3 Greenleaf's Ev. 368.
The evidence offered by defendant that his object was to enable Farmer to use the judgment as a set-off, while he remained the owner thereof, shows an attempt to commit a fraud upon the law. 1 Poth. on Obl. 415; Barb. on Set-off, 37, 58; 7 Cow. 469, 481; 1 Paige, 289.
The agreement set up is equally obnoxious to the charge of champerty. 2 Sims and Stu. 244; 15 Ves. 156; 2 Story's Eq. 1049.
The new agreement offered to be set up being in itself illegal, will not be admitted as an answer to the prayer of the bill. 7 Ves. 470; 2 Story's Eq. §§ 298, 305, 697.
As to costs, courts of equity are governed by 'general rules and former precedents;' and when a question of costs is connected with a substantial ground of appeal, the party may succeed with the former question though he fail with the latter. 2 Hagg. Ecc. Rep. 374; 4 Russel, 180.
Mr. Justice McLEAN delivered the opinion of the court.
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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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