The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-10-18

EauffSSf eC Jurisdiction hcfwccH State
at,A Federal Courts.
yfrom tho Rct,or.i Sentinel !

Itron, the Hc,it"ri Sent'ntl
very important and interesting qucs-
ton came before Judge Nin&ticla ut the
present term oC the CiTcnit Court of Bed
ford county. The history Of the case, as we
hear It, IS substantially this:
Thorpe II. Nance, Of this county. was
dU1;ug the last wear or the year before de-
ciarcd bankrupt. on his own petition. in
the District Court Of The United States. As
>l.rccS of his estate and effects were APP
pointed. ANA they accepted the appoint
mInt. II seems that the aSSiGuccS. under
All order fgom the bankruptcy court, made
sale Of the estate Of the bankrupt, and,
amongst the rest, Of the lands OF Nance
SaHjCct 10 bc hcaS which attached
Plior to the filing Of his petition.
~ the aSSiEncC'S sale the wife of
Nance. Hy &N agent. NJ the instance OF
Nance. purchased the land SW'iect 10 the
L,1.>. In The meantime some OF the lud5;-
mrul creditors 81 Nance, whose judgments
were recovered prior 10 thr fling OF the
Iltifjon in bankruptcy. instituted Il suit in
chuuccrN III Bedford Circuit Court 10 en-
force Inc liens al their judgments against
the land. Nance and his aSSioneeS were
amongst the parties defendants. They were
served With process. but never appeared.
and No objection WAS made and no cXcep-
l.ou taAcnou ttoir behalf TO the jurisdiction
81 III" court. The chancrrv suing reg
Hia~h WalUTrd, al account was ordered
"H3 i.Arn o! the hens on the land. i decree
N tlr directing the land to bc sold 10 satisfy
liz is"35>. and commissioners appointed tn
execute the decree. The commissioners
made the sale, and Nance became the pur-
chaser. hut tNilin" 20 comply with the
terms vi sale. after the lapse Of several
weeks The land WAS rcSod. and another per-
>on lsocalt" the purchaser and complied
with the terms Of sale. During the present
tenn a the ccurt. and before the commits
>.emoI> made their report, they. ~ well aS
the Judgment creditors. who were parties
- IN, >Jit, were served by Nance with =
,..ty Il m Injunction order. made upon the
ry-t:!eu u Nance hy the District Court Of
III. / uttl States for the district OF Niv-
.inia. restraining hem from all further pro-
Greetings in The state count until The matters
l.uru ihr petition could he heard IN the Dis
lrlrt Court olthc United states. The COM
mi>>jrUvr> reported al the facts to the
court. Sing copies of the injunction order
with .h,ir report. and submitting the whole
matter 10 the court.
IuG.r Wiu@;irld thcreupon made a rule
upon Nance 10 show Cau>" why he should
not re tined and imprisoned for his con-
tempt in hindrring and resisting the eNecu-
ton ot The lawful proceedings and decree
ci The court by his applying for and obtain
IN. mn Injunction from the District Court,
and mus attempting to Dust the state
Cuuri or il Iightiul ana Legitimate iNiriS-
d5.tioD. and 10 Withdraw III" said suit from
The State Court. having Jurisdiction. and
transfer il - foreign jurisdiction.
Nance answered the rule, di>claiming
contempt. but admitting that h obtained
liz. Injunction upon lis petition for the
purpose al having ali exemption made TO
him IN The Bankruptcy Court, which had
never been allowed. out of his land, and
tn, he had been advised to this course by
l-cu;.u>cl III Richmond, II. II. Wells.
j-ntu the reading of the answer. and
ar, bearing argument hv Naucc'> counsel,
til. i.ai.c rroHouu"ed his opinion, and adj
i!H -t1 Nance IL IL guilty o! contempt, and
ordered him ~ be lined fifty dollars and TO
he imprisoned III the iail Of this county
10. tn days. and thereafter until be pay
the me and dismiss his petition and lnlunc-
ton in the District Court OF the United
States. "ml Granting him liberty, after ten
days. 10 apllv III vacation TO the Judge
of'iar Cjrciiit Court Of Bedford, and OBJ
tain III. discharge from prison upon exhibit
ju-, satisfactory evidence OF his having
i.>:A.--r.l GGn petition and injunction. The
mig 8l-o made a rule against Henry H..
Wells. Cd. H. riry q Richmond, the c0un-
-, II Nance In liiinE the petition and OBJ
tanning the Injunction. 10 appear before
hic. III The next term Of Bedford Circuit
CuuI Aid show cause. il amy he can. why
IL .2uuid not in like manner hc fined and
attached for his contelIiD; in c"'mSel!ng.
aJy.~.n-, .i}il-. and assisting %&ic" in his
/; "mfG 10 Y">i>, I'll" l1Wfu! %cr.ar al the
.n'.tl IL contempt of ihr a"th@,i,y of tie
.a-l.uncalth ui Virginia and til" lawful
Jurisdiction Of il r41lrt>.
EI" iGtt-c made a further order IL the