The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-13

THE UNITED SrATFs COURT, MARCH I2.-
Hon. GEonGE 8. BRYAN. PREsIDNa.-Fipal hear
ing In the case OF Tbom.s S. Myers for discbai ge.
was ordered on 26. March. Morrow Ruff was up
pointed assignee of J. ". b. Ruff and John D. Cope.
land. To satisfy the petition of John NJ Quardi to
set up lien, it was ordered that the assignee ae the
lot No. 12O Market-sre t. after notice.; call in the
lien creditors. D. J Winn. assignee. was allowed to
.ell property Of T. q Kennedy. The am, assignee
was al lowed to sell land OF Wade Hampton McLeud,
and give notice to creditors of sale prior its taking
place; and further ord red that a. j. Moses sh wv
cause on Wednesday, Slst March, why Judgment
held BY him against bankrupt should not be declar-
ed void. The assignee Of J. y. Corbcu was ,rdcred
to SELL after payment of COSTS and apply procce 10 10
the satisfaction of uans ACC rding to priority.
In the ircult Court of the United tates Tor tho Dis
tlict of South CuroIna Il omas r. Asrcw, as
signe 2. &C., We. /. .. Foster and impson tobo.
This was nctce tryed on j. p NJ Eppi,g, Mar
shal Of the Tn ttd >taes Tor the i-tr1ct south
Carolina h show cause why Iulc stou q not ssno
against IN Tor net paying over the monies Collected
III the
The returns and procc' dpgs in the case showed
that after levy all Ito real and PERSONA property
of the defendant H. b. Foster. ull hciurc the ar OF
the personal proper the said defendant peitinued
the court 10 he made bal klupt ard wls afier-
walds 90 uc.lareu by the couit. il WAS urged ~
Me,.rs. Perrin Y oIe att, riicys Tor III bl krupt,
that he WIS critic 10 FIVE hu dred dollars f the
proceed OF the sale in Ii, niarsha S hands. d r
Tho Da"Lrup act On tue Other iipl, it " coll
t,ndcJ Mcs-rs Perry X Ieriy, attorn vs. tor Tue
plaintiff that uasnu Il as the levy was ma c by ihu
marshal be or tic d'iendan ap he'd Tor the .nelt
OF the bankrupt ct. hc could Claim any portion
OF the proceeds Of the sale of luis props ty.
His Honor Judge ryan adopted the views
urged by the llaintlls attorneys AID i eide th
the lev, by the ,n.r sha be orc the apph ion Tor
bannruLtcy. dive. tel tue defendant OF -l right III
the proper y, snd cd lin of The power OF
claiming any pn ton OF the proceeds of sale. as
soon as he levy was made. the property was, in law
taken tom the defendant aud sct apart pay the
plaintiffs jadgme, iu.G. fl. 1t was no onscr uls
tion OF 1t by applsins for the beneaL Of
the Bankrupt act. aud levy is the satisuc.
IA ton of tue il. fiji bill; the sa.re is dlsps
ed OF by the u'a sbal or sheriff. 1t differ Il from
the case cited by dctndapts attorneys, ,wh.rc at
tachment had been iovicd on the rrcpo u Of the
defendant and be'ore judem Mt he h applied for
tho beIert OF the Bankrupt act 1u that case tho
levy WAS not made 10 at'siy debt etab Led, but
was in the nature OF ta, end did not transfer tho
right of properly. he ap. licalon for bankruptcy
p,nded all proceedings d, in eff Ct, dissolved
the a,tc mcni. lie altarhiug cred or was ft
without any l.n ior his debt, and haG to ehare
equally with the o;h,r CT, ditols tie rccceds OF he
sale Of etendani'- property. Here the pal tif was
first paid. according to bs lien uGder the Eanh upt
act. Ii tn. defendant had ,o.n rro.or 20 april, for
The ben sfs OF the act before any levy was made b
would. CT cour.e, have heen eCtlui to the rov g.
ions OF he act; but. watt Ill after the proi.er.y had
been IKE from him. he ca not ie, over 1t by his
alpl cation any norct an he could property w,nch
he Lad previously sod "r disposed Of
The follow .ne or, WIS made: On hearing this
case alter tn argument of council. It is ord red
that tho Malshai. j. p. 81. E:rirg, co pa, over to
tn" IL inltt,e 1nories in b 8 hnnds a!islpg from
the sale oi defendants property
(Sisned) GEO. & BRYAN.
UnitedS States Judge for South ca. olina.
Greenville, 8. c., September 2, 1868.