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52 HIGH COURT OF CHANCERY. 19th of December, 1846, applied to the court for a writ of fieri facias upon the decree, which issued accordingly, on the 21st of the same month, and was laid on the Wheatfield Inn. The object of the bill now under consideration, is to vacate this decree upon the grounds already stated. Answers have been filed to these bills, in which, though the proceedings set forth in them are admitted to have occurred as stated, the fraudulent combination charged is denied, and the decree of Baltimore County Court, as a court of equity, upon the bill filed by Albert and wife against Jones, is maintained to be valid and effectual, as the decree of a court of competent jurisdiction, fairly and bonafide rendered, which can only be corrected and annulled, if there was error committed by the court rendering it, upon appeal to a superior tribunal. When the injunction in this case was applied for, the Chan- cellor felt the full force of the objection now urged, and under his then and present impressions, would unquestionably have refrained from interfering in any way with the decree of a court of concurrent jurisdiction, but for the circumstance, that prior to the filing of the bill upon which the decree was obtained, this court had, by its injunction, forbidden the parties in whose favor it was rendered, from receiving, and Jones, the defendant, from giving them, any preference over their other creditors. The bill on which the injunction referred to was granted by the late Chancellor, was filed on the 14th of September, 1846, and after alleging the heavy indebtedness of Jones to the complain- ants, Hopkins and others, and stating the great amount of his debts to other parties, and utter and hopeless insolvency, so that no alternative remained to him but to petition for the bene- fit of the insolvent laws, proceeded to charge, that with that view and expectation, and. designing to give a preference to certain of his creditors over the rest, was about to convey, assign or transfer a large portion of his property and effects to the said Albert and wife, creditors to a large amount, and to one Michael S. Norman, and to others of his creditors, then unknown to the complainants; all these parties, thus about to be preferred, well knowing the insolvent and embarrassed con- |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 2, Page 52 View pdf image (33K) |
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