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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 45   View pdf image (33K)
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WINN & ROSS VS. ALBERT & WIFE AND JONES. 45
the complainants, (with one exception,) in the bill of the 13th
of January last, had filed their bill in this court, praying, upon
the grounds therein stated, for an injunction to restrain the said
Jones from giving, and the said Albert and wife from receiving,
any assignment or transfer of his property in preference to the
other creditors of said Jones. Upon this bill, which was filed
on the 14th of September last, and which preceded the filing of
the bill by Albert and wife, in the Baltimore County Court, the
late chancellor granted an injunction, which is still in force.
According to the allegations of this bill, Jones was in a con-
dition of hopeless insolvency, and could look alone to the relief
afforded by the insolvent laws of the state, to be discharged
from liability for his debts, a step which it averred he intended
to adopt.
It likewise stated, that entertaining this expectation, he de-
signed and threatened to give preference to certain of his
creditors over the rest, and especially, that with a view and
under an expectation of being and becoming an insolvent
debtor, he proposed to give an undue and improper preference
to the defendants, Albert and wife, and Norman, and in addi-
tion to the injunction which was asked for to prevent any such
preference, the bill prayed that a receiver might be appointed
to take possession of the property and effects of the said Jones,
for the purpose of preserving them until a trustee should be
appointed for the benefit of his, creditors under the insolvent
system, and for further relief.
It seemed to the Chancellor that the estate and affairs of
Jones, thus alleged to be insolvent, and the questions between
the conflicting claims of his creditors, and especially of those
of them who were parties to this first bill, were by it subject to
the jurisdiction of this court, and" that, consequently, the injunc-
tion prayed for by the bill filed on the 13th of January last,
might be granted, and it was accordingly ordered.
This last bill, as has been already stated, prays that the de-
cree obtained by Albert and wife, against Jones, in Baltimore
County Court, as a court of equity, may be annulled as fraudu-
lently obtained. It alleges that Jones, on the 26th of October,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 45   View pdf image (33K)
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