Blacklock v. Small,
127 U.S. 96 (1888)

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U.S. Supreme Court

Blacklock v. Small, 127 U.S. 96 (1888)

Blacklock v. Small

No. 148

Argued April 10-11, 1888

Decided April 23, 1888

127 U.S. 96




Two plaintiffs, citizens of Georgia, brought a suit in equity in the Circuit Court of the United States for the District of South Carolina against S., a citizen of South Carolina, and H., a sister of the plaintiffs, also a citizen of South Carolina, to set aside the alleged payment by S. to R., another defendant, of a bond and mortgage given by him to B., the father of the plaintiffs and of H., and to have the satisfaction of the

Page 127 U. S. 97

mortgage annulled and the bond and mortgage delivered up by S., and the bond paid, and the mortgaged premises sold. Before the alleged payment to R., B. had assigned the bond to R., in trust for the three children. When the suit was brought, B. was a citizen of South Carolina. Held that, as B. could not have brought the suit, the circuit court was forbidden to take cognizance of it by § 1 of the Act of March 3, 1875, c. 137, 18 Stat. 470.

This suit was a suit founded on contract in favor of an assignee, and was not a suit founded on the wrongful detention by S. of the bond and mortgage.

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