The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1868-09-23
onIGlNAL.
ron rnr sor-Hsss ss-saraiss.
], Notice for Rule, Go. =

In tie 0;scsit Court nf The ,Uaifed .Hates for
the District Of sSosth i6'aro olisd--- TAomas r.
Agnesc, Asuyses,s~ NJ sSosfsr and Samp-.
This was notice ssrsed on j. p. M. Ep-
ping, Marshal Of tho United States fer tho
Distriot Of South Carofins, to show cause why
u Rufc shonld not issue against him for not
paying over che money o celieetcdsin tho case.
The feturns arsh proceedings in the case
showed, tfiet after q levy Oh ALL the real and
personal property of the Defendant n. ID.
Foster, and before tho sale ofSthe pSrsonai
property see saM bstendant petitioned tue
Courtto be made q Bapkrlpt, and was after
wards 80 declared by, the Court. IL was urged
by Messrs. Perrin q Pops Attorneys for the
Dankyupt, that he was entitled tot fve hundred
dollars Of the prccceds nf the sale IN the Mar
shal's hands, under the bankrupt Act. On
the other hand, q vss contended by Messra
Perry 4 Perry, Attorneys for the Plaintiff,
StiSt fnssmuch as the levy was made by tho
Marshal before the Defendant applied for the
benefit Of tho Bankrupt Act, he could not
claim any portion Of tho proceeds Of the sale
of his property.
urged by the Plaintiffs Attorneys, and decid-
cd that tho levy by tho Marshal, before the
application for Bankruptcy, divested the De-
fcDdant Of all right in the property, and de.
priyed him Of the power Of claiming any pprs
tion OF the proceeds Of sale. As soon as the
levy was made tue properly wne, la law, taken
from the Defendant and set nhaft 20 pay the
Patntif's Judgement in Fl. Fa IL was no long
cr his property, and he could not recover any
portion Of Il by applying for the, benefit Of the
'Bankrnpt Act, and levy is tho sd ts1faction Of
the I'll. Ea. till tho satnc Is disposed 6k by the
Marshal or Shehf. II differed Eos6 flie. casc
CITED, by Defendaht's Attorneys, where al at
tachlhrbt Ned been ier;cd ou the property OF
The Defendant and before Judgment he had ap-
piled fort the beneGt Of the Bankrupt Act In
that case the levy was not made to satisfy
a.dcbt established, but was in tho nature Of
bh!l, gpd did not transfer the right. of proper
t$. Tile hbplieation fJr Bankruptcy suspend-
Gu Mi proceedings and in, effect dissoitel tho
attachment- Tue attaching Creditor was lcft
without any lien for his debt, and bad to share
equally With the other Creditors tho proceeds
of The sale Of Defendants property. Hereihe
Plaintiff was FIRST paid according to his lien
thdct tho Bankrupt Act. IL the Defendant
had seeh proper TO ahply for the benefit Of the
Act befSre as.y tevy was made, he would, Of
course. have been entitled to the provisions Of
jhe Act. but waiting till after the property had
his applieStioh any more than be could proper
~ which he hhd Previously cold or disposed Of.
.; Tho following order was mode; "0n hear
Ing this case, after full argument Of counsel,
Il Is ordered that the Marshal, j. p. NJ. Ep-
ping, do pay oyer 10 the Plaintiff the moneys
ih his hnhds arising ffoin the tsfe of Defend.
II .inia x,,iar@GEORGE 6. BRYAN.
l7Ta} i -s6iaIU. 8. Judge for South Carolina
~ a drsenville, 3. C.; Sept p 1867 9ss~