The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-11-16


SUPREME CouRT-Generdl Term-All the
justices sat In oane on Saturday.
- AN IMPORTANT DECISION.
s G S sa To- Sc. Th ..SRs ssU Sse tS
made by Welch, or, at all events, to have the
property surveyed, sold, and the plaintIf-s
debt paid out Of the proceeds,
DO Ii deeds bear date the I'd OF December,
and two days afterwards Birdsall obtained a
judgment against WEIGH.
made frsuduientiy, but the answer denies
fraud and asserts that tho deeds were made
bona AIDE to secure debts due by weleh to Tai.
madge, the beneficiary In one deed and the
The foilowIng, q the opinion of the court
delivered by Justice Wylle;
This PROCESSES IS. to be eredi,os,s bil tiea BY
deeds made by the defendant wcicb, and to
subject the property thereby conveyed to sale,
benefit Of Weleh's creditors; or, in any event,
to have the property sold, and the proceeds
Afterwards distributed under the directions of
the court, whether the deeds be fraudulent or
not.
Both these deeds bear date the I'd OF Dccem.
Der, 1851 One was a decd OF trust to II. s.
Davis, assigning all the household furniture
and stock In trade belonging to Weleh, to Sc
cure certain debts due by him to the defendant,
rAlmadge, amounting to more than 5000.
The other was deed OF absolute conveyance
from WEIGH to Talmadge for a house and lot 10
this city, for the consideration OF 10000.
At the time these deeds were executed there
was an action pending at law In this court,
damages for false Imprisonment, which came
on to BIO tried just two days after the execution
and delivery Of the deeds, and which resulted
IN M verdict and ludgmentin favor OF the plain
The bill charges that both tho deeds were
made without consideration, and with the
Taimadgo to defeat the collection OF the judg-
ment which they expected would soon be
entered In the sald action for false imprIson.
ment.
The answers Of these defendants show that
ralmadge was a creditor OF Weleh at the time
for the full amount of the debts secured by the
deed Of trust to Davis and more, and aver that
the deed was given IN good faith to secure
those debts, and with no intent to delay,
hinder, or defraud BirdsslI, although Tslmadge
says he was aware At the time y was given
Weleh further alleges, In his answer, that he
10 the holder OF Birdsalls promissory note Tor a
valuable consideration, amounting to st33
which he prays to have set-oh against Bird
| Sails judgment,
He also claims, by way of plea, that the
| question OF fraud 10 the deed Of trust to Davis
was determined In trial at law IN this court
In an action OF tepleyin, In which Davis was
plaintiff and the complainant, BiTdsall, was the
| substantial defendant.
The proceedings In that action are also re,
ferred TO by complainant. and made an exhibit
| OF his bill.
The record OF that case shows that, after
| Dlrdsall had obtained his judgment against
Weloh, he Issued an execution for, It's collee.
| tioni that his counsel Unidentified the Mar
shal, and had levy made on the property
| which had been assigned to Davis as trustee
treating Davis deed as voidi that Davis re-
plevlncd the goods; that the cause was tried
by jury and verdict and Judgment obtained
In his favor, nominAlly against the marshal
but substantially against lIirdsall, who Wal
the plaintiff in the execution. As to the alb
solutc deed from Welch TO TAlmadge, 1t II
shown by the answer that TRlmadge was In
duced to make the purchase In order to sc
| Wcloh to give him the security for his debt
which he obtained by the deed OF trust I,
Davis, and that both deeds were the result o
the same negotiation,
1t is further shown by the answers that
the time OF the sale tho real property was IN
numbered to the amount OF S7, 400, that Ia
madge undertook pay OFT the ineumb aneeI
| and gave his pFomissoty notes to Weleh 70
the balance, (s2, 600,) which Weleh immed liza el
thereafter transferred 10 Mayo n 90,
Richmond, towards satisfaction Of del
greater than their amount, which he owed I
that arm, These notes were secured by dec
OF trust given by Talmadge upon the property
, This cause was set down for hearing by IN
complainant on bill and answers, and, as thcr