Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-06-10

and subject legal assets, real OF personal. Or .,
such asssss e sEs sa 70 aIseusion Al 's
ties sought TO be reached the other are ~ ts Pp,
ia5 Tss ~ motion g. that The creditor lee lea q s
coed against the properties ~ bill IN Chancsr .
has Hen on men, s snS o5v su 5. b
bt be current the time Of the hn- the oEscutisr
wise As 70 personal properties there 20 as b Other
ton 10 th lien there must Be order Bot IN a.,
this Kind Subset legal personal . s,sie b 81
an Impsdiment kind IN tho way Of - 1iion At .,
OF the execution frauduisnt convevs,c es sues..i
BY the debtor ham Instance Of the impsd ne lopslg
II The properties sought to Be- 50 subjected e.
ment given The lien ard perhaps no eur. Iea ths iu5,
csssary 70 sustain bill OF this character = xslon ~
'A To susts b Of tks Kind sr, S3ss,9a "
feet equitable personal assets upon iudEos' ossb
ists By tho Code, however, 1855 the esry "a
lien On such equitable assets IN advance sf ~ nay IA
proper county aad folllowng up the return "a q,
ton With bis bill for the purpose within he pr rs sIe5.
and begi,s with the Cling Of the bill Again - rlsn B.
pertes personal. may be reached vib5S pro.
At Law BY means Of an attachment IN Ohancsry ~
ne bi ust rest Of ths grounds pr..a us cas-,
tuts without the sssurAncs OF Chancsry orIs,S ? ia
msDt. without such ground such bill is fatally saSs
Again. creditor At large. that Is creditor sI,,.
nsnt OF Decree may under the Code, iess ipa5 a5g
IN Chanoary 10 subject the legal OF equitable b
debtors which the latter has conveyed 20 saotS fAs
purpose Of hiHdsriaE and asrauding his creditor, I s
such statute such bin could no Be mants5si Sosi
/ ment OF decree drst obtained. --A iaig
There Il Is, in order to subject the legacy in t. A.
the executors which is squtabis persoaalg tbs N si
eerv must show Ist. Judgment sxestos -. = Cals.
bona. Or Cd. One Of the grounds Which a. - .si
ssrbnsnt 10 Chancsry may issue prescribed - saai A.
Law I'd. convPy.Dee CT device made lie a,,
sought to De subjected % hinder and deiraud er,l
me present bill dcss noe contain the elsrusat,
nsessssry 70 bring Uithfa either Of The classes s
Toned the bill must therefore Be dismissed a. to
Bat IS 10 the other defendants, the Judgment 5o5.
the fraudulent grantees Of such Debtors the bp IN it
taued tho objection that the bll 10 these d.! -
multlfsrious Is not we'll taken II altogether pros Hh
hero are several Judgment debtors and ons Of th
fraudulent Conveyance 70 one grantee, and anais
other has made Ike eonveyanes 10 another sranst
ali these debtors and their several fraudulent Sras VA
common bill. Tbs one judgment and the ons object - ~
BILL the satisfaction OF the Judgment and tbs e'
pose TO deraud the creditors constituts qus ,.s ~
lax 70 taks the bin out OF the objection OF mulf.,'
There IN netting IN the objection that an ~ .sias
entitled TO tbs proceeds OF the Judgment rot n.
plaintiff In fha judgment sole Compliant Tbs ~. "a
vas founded made payable - Harrison - -,s
,mmissionsd TO cell lands anS slaves undsr s, "a
proceeding b. the hsirs and distributes Of Nanev
deceased 70 sell the estate descended from bar i
Harrison sold the properties and received froa n. -
ser the note or which the Judgment s founded f'la
The heirs and distributes who are sntsa % d. -,
which Harmon may collect, not necessary par :, -
bill II ne ehose % NE ne ei io ne bsnaet Of sss l,
consequences 20 che defendants whether ali brought
| not
Ifthev paw him. made % pay him the money In,
thew are discharged from liability TO tho bons6-s-
| upon this note aud the judgment.
! We have looked into the case Of Johns)a BroEb
Humph with view TO the point suggested, that h, M
here ought 70 DO here fnaly dsmi1'ed TO an TIE d
ants The ruling In ha3 proper der ths pr,s
a. then existing IN Chanesrys and in like We r
probably be disposed 70 follow e.
The present presents obvious differences the AL
policy Of OR Courts and dismiss parties M
merits only, conclude 70 permit this % Be rr
as 20 the parties aud neTtorous equities and sent III
the Court below for further proceedings as TO ihsm
Dismiss the bill to the defendants who oxscu,-v
Marshall and remand this causrio the Chancsry Cssr :
II. g. SMITH. la,