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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 44   View pdf image (33K)
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44 HIGH COURT OF CHANCERY.
cute and deliver to the trustees, full and absolute releases and
acquittances of such claims. • And
4th. To apply the surplus, if any remain, to all other credi-
tors of Jones, without distinction.
On the 13th of January, 1847, Winn and Ross, as trustees
under said deed, and the complainants in the original suit of
Hopkins and others, filed their bill in this court, stating the
object and import of the original suit, and the injunction thereon,
and the subsequent proceedings of Albert and wife and Jones.
The object of this bill is to set aside the decree obtained by
Albert and wife, against Jones, as fraudulent and void, and to
stay execution of that decree against any property of Jones.
The injunction prayed for was granted. On the 2d of Feb-
ruary, 1847, Winn and Ross were appointed the permanent
trustees of Jones, and qualified as such. They thereupon ap-
plied, by petition, for leave to file a supplemental bill without
prejudice to the injunction, setting out their new title thus
acquired. This application was resisted by the defendants,
and upon argument by counsel upon both sides, the Chancellor,
on the 30th of April, 1847, delivered the following opinion.]
THE CHANCELLOR.:
In this case a bill was filed by the complainants on the 13th
of January last, praying for an injunction to stay proceedings
on a decree of Baltimore County Court, as a court of equity,
obtained by William J. Albert and wife, against Samuel Jones,
junior, on the 31st of October, 1846, and that the said decree
might be annulled, as fraudulently rendered, and designed to
give to the complainants an undue and improper preference
over the other creditors of the said Jones.
The Chancellor, though not insensible of the extreme caution
and delicacy with which the different equitable tribunals of the
state should interfere with the acts and proceedings of each
other, did not, nevertheless, feel himself at liberty to disregard
the application in that case, it being stated, and appearing by
the records of this court, that before the filing of the bill by
said Albert and wife, against Jones, in Baltimore County Court,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 44   View pdf image (33K)
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