On the authority of that case, the Court declines to increase
the amount of the bond given on appeal in this case or to require
additional securities.
This was a motion, founded upon accompanying affidavits,
"to increase the amount of the bond to be given on appeal, and
to require additional securities, or in default thereof, that the
appeal taken by the above-named appellants to review the decree of
the United States Circuit Court for the Fifth Circuit and Northern
District of Florida, rendered at the December Term, 1884, that is
to say, the 9th day of May, 1885, be dismissed, upon the ground
that by reason of the death of N. B. Harwood, one of the
appellants, since the date of said decree, the property therein
decreed to be sold for the satisfaction of the sums found due to
the complainants, has greatly depreciated and is constantly
depreciating, and for the want of the care and attention which it
had in the lifetime of the said N. B. Harwood, and would now have
but for his death, the security is altogether inadequate, and for
such further or other relief or order as may be proper in the
premises."
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
This motion is denied on the authority of
Jerome v.
McCarter, 21 Wall. 17. "The circumstances of the
case, or of the parties," have not been so changed by the death of
N. B. Harwood, one of the appellants, as to make "the security,
which
Page 117 U. S. 201
at the time it was taken was
good and sufficient,'" now
insufficient. No personal decree is asked. The sole purpose of the
suit is to subject the lands in question to the payment of debts of
Harwood, the deceased appellant. The affidavits do not satisfy us
that the property is depreciating in value by reason of any neglect
of the surviving appellants in its care or management.
Motion denied.
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