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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 121   View pdf image (33K)
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POWLES VS. DILLEY. 121
Afterwards, to wit, on the 14th of February, 1846, the same
parties filed a second bill in the same court against the same
defendants, and Joseph Dilley; in which the same allegations
in substance are reiterated, and others made, impeaching the
bona fides, of the assignment to Joseph Dilley, which they al-
leged to be then actually made, and praying that the Insurance
Company may be restrained by injunction, from paying to
either of the defendants, the money due upon the policy; that
Joseph Dilley might be required to account for all property and
debts assigned to him by Edwards and Dilley, and for the ap-
pointment of a receiver, to take possession of the property and
securities so assigned, for rateable distribution among their
creditors, without any priority, or preference to any one.
Upon this bill, an injunction was also granted; and the pro-
ceedings being likewise transferred to this court, the injunction
after answers filed, was dissolved by an order of the Chancellor,
passed on the 11th of November, 1846. An appeal was pros-
ecuted from this order, and at the June term of the Court of
Appeals, 1847, it was affirmed.
Afterwards, in December, 1847, the complainants filed their
supplemental bill in this court, in which they alleged, that they
had obtained judgments upon their claims against Edwards
and Dilley. Against Edwards, (Dilley having defended him-
self upon the plea of minority,) and that, upon the return ofnon
est on executions in Alleghany county, they had caused exe-
cutions to be issued to Kent county, to which the defendant
had removed, whereupon he returned to Alleghany county,
and there applied for and obtained the benefit of the insolvent
laws, and by fraudulent collusion with Joseph Dilley, the lat-
ter was appointed his trustee. And this supplemental bill
besides impeaching the proceedings of Edwards, in obtaining
the benefit of the insolvent laws, and charging a fraudulent
combination between him and Joseph Dilley, in having the lat-
ter appointed his trustee, likewise charges, "that the transfer
by Edwards to the said Joseph Dilly, of the policy of insurance,
and any and all transfers made by said Edwards to said Dilley,
were made by said Edwards with a view and under an expec-
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 121   View pdf image (33K)
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