Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1853-11-24

NPAmong olher decisions made by
Judge Curtis, in the U. S. Circuit
Court now in session in Providence we
notice the following -
Henry w. Heydock ct ai vs.. John I.
Stlnhope ct al. This was bill IN
equity filed by the complananls mer-
chants in New York, against John 1.
S'anhope, Wm. III. Cranston, Jieoo
Weaver and Sarah II. Weaver, citizens
of Rhole Island. The object OF the
bill was to enable the plaintiffs TO levy
an execution upon the personal proper
ty OF S,anhope. The hill alleges that
at the June term, iS4S, OF this Cuur',
the comp!ainan,s recovered judgment
a, law agaln.l John L. Sianhopc,
whereon execution issued and was le-
We'd on certain merchandise louad in
the shop OF said Stanhope, and that the
defendant, VIM. Il Cranston, caused
the rvicc to be rrpIcvined out Of the
hands OF the Marshal, by a writ OF re-
plevln issuing out OF and returned into
the Supreme Court Of Rhode Island,
claiming the said merchandise as his
own property. That the actlcn OF re-
plevln was duly entered, but has m t
been tried, having been continued from
tenn to term The deiendant Grams
t)n claims Sc. property by virtue OF an
assignment, {: IN Slanhope, made June
5th, lS4S, Of all his property in trnst
for his creditors. This assignment the
bill chargcc TO have been executed
with fraudulent design, participated
IN by the assignee, 10 delay and delraud
the levy of the plaintiffs execution, aud
further charges that, about the same
time, aud in part execution OF the same
irauduien. intent, the defendant Stan
hope conveyed some land TO Jacob
Weaver, and also that Sarah Weaver
who is named in the schedule OF pre-
terred creditors annexed TO the assign
ment, was not bona iide creditor, her
claim being fictitious, and inserted by
q fraudulent concert between herself
and Stlnhope, to aid him in withdraw
ing part Of his property from his just
creditors. The complainants likewise
charge that the assignment is fraudu-
lent and void by reasons o! the prov.
sions IN the same making preferences to
certain creditors, and stipula,ing that
such of the creditors as are not paid in
: full shall respectively discharge Stan
hope from all liability Tor the balance
due to each, and If any one shall refuse
such discharge, that the share OF the
creditor so refusing snail be paid by the
assignee to SAID Slanhope. The cause
was heard upon bill and answer.
Judge Curtis, in delivering the opin-
ion, stated that no conveyance could
be impeached as fraudulent as against
creditors, whatever may have been The
actual intention OF the parties, unless 1t
was capable in point OF law OF exccn-
ting or aiding IN the execution of some
illegal purpose ; tina. whether or not
an assignment made by an 'nsolvent
debtor of his property IN trust Tor his
creditors, but with view TO be used by
himself and the assignee, 10 enable hum
TO continue in possession ol the property
assigned, was void by reason oi fraud,
he considered a question not Tree from
difficulty in Rhode Island, because sta
tute Of the State enables any creditor
10 come into the Supreme Court and
compel The assignee to give an lnven,o-
ry OF the property, aud secure the exc
curion of the trusts by bond with sure
ties, and the assignee IL liable to be
4 removed Tor neglect and mirieasanee,