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WINN & ROSS VS. ALBERT & WIPE AND JONES. 51 any assignment or transfer of his property, in preference to the other creditors of Jones—upon this bill an injunction was granted by the late Chancellor, which yet remains in full force. Afterwards, to wit, on the 29th of September, of the same year, and after this injunction of this court had been served upon them, Albert and wife filed their bill against Jones, on the equity side of Baltimore County Court, alleging the indebted- ness of Jones to the wife of Albert, and an agreement to secure her by a conveyance or mortgage of a piece of property in the city of Baltimore, called the Wheatfield Inn, and praying for the payment of the money, and for general relief. And, subsequently, on the 22d of the then following month, the same parties filed, in the same court, their second bill against Jones, with similar allegations of indebtedness to the female complain- ant, and of the promise of a conveyance, or mortgage of the same parcel of property, for the security of the debt; and al- leging the intention of Jones to make a conveyance of his property for the benefit of his creditors generally, prayed for and obtained an injunction to prevent any such conveyance of the parcel called the Wheatfield Inn or any other property for the aforesaid purpose, and likewise for a specific perform- ance of the contract. The injunction, however, was subse- quently modified, so as to be confined to the Wheatfield Inn. The injunction being thus modified, Jones, afterwards, on the 26th of the same month of October, conveyed to the complain- ants, Winn and Ross, all his property, except the Wheat- field Inn, with a covenant to convey that, when the injunc- tion should be dissolved, or it could be legally conveyed, upon the trusts in the said deed expressed. On the 30th of October, 1846, Jones answered the first bill filed by Albert and wife, admitting the truth of the facts therein stated, and consenting to such a decree as the court might deem it right to pass. And on the day following, that is on the 3lst of October, 1846, the court decreed, that Jones should forthwith bring into court, lo be paid to the complainants, the sum of $24,319 34, with interest on a part thereof and costs. After some further pro- ceedings, the complainants in' that case, Albert and wife, on the |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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