The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-04-10
Conflict of Curta, sur,sdtcs.ou.

from n letter to the Washington Republican dated
Appomattox Courthouse, April 3, 1876
Some time in 1872 Martin Webb consented
to sale by this court [the Circuit Court oil
Virginia, Judge Winedeldl. through said
Christian as commissioner, Of a portion oil
his real estate, and enough to satisfy each
and all of these creditors had fair and judi.
cious sale been made. The sale was con
firmed, however, and ut the September term,
1874, rule was taken against Webb to show
cause why he should not be attached and
fined for not delivering possession Of the
land sold to the purchaser. At the same
term u decree was taken authorizing Com
missioner Christian to sell out the
balance of Webb's real estate, not.
withstandipg the assignment of his es-
tate TO an assignee, and its tendency IN
the Court of Bankruptcy. To say nothing
Of other attempts, the commissioner had ad.
vertised and was going to sell the "home
tract" of Webb at IL O'Clock NJ. on Circuit
Court day, the 18th ultimo, beyond recall.
On The 18th March the United States Court
began its session at LyDchburg. Judge Alex.
ander Rives presiding. On application made
N behalf CT Webb, an Injunction was AWARD.
ed against Christian, and served upon him by
the United States marshal a few minutes be-
fore the contemplated sale was to be opened.
No sale was opened, and no land of Webb
sold on that day. Christian again goes into
Judge Winsfeld's court, and on the 18th OF
March rule was taken against said
Webb, charging that sin derosation of
the authority and jurisdiction OF the
courts of this Common wealth, and in
contempt OF the jurisdiction Of this
court, and in subversion Of its lawful
authority, said Webb has been, and is now.
resisting the execution Of its lawful DEGREES
aforesaid, by and under pretence of iljunc-
tons from the said District court OF the
United States against the otfi ers Of this
COURT; for which disobedience and CON-
tempt said Webb was summoned to appear
and answer at 10 A. M. on the following
day March 10Th. He did not appear or
answer; hence the foregoing rule was made
absolute, and Webb was not only in con-
tempt, as alleged, but contunacious and,
as Christian reported, so the court awarded
as follows A." That unless said Martin Webb
do within twenty days from this day
cause the Injunction obtained by him, as
before stated, TO be dismissed, deliver
possession of the land before sold, and pay
costs, he be attached aud committed to the
jail of the county until he do So" Martin
| will not, nor can be, obtain dismissal of the
| Injunction, because on the 26!b Of March, on
The application Of Christian himself to dis.
solve the same, which application counsel for
Webb resisted, the same ipjuncnbn was
perpetuated" by decree of the same
United States Court which granted it; that
court holding that all such DEGREES of State
court against bankrupt after adjudication
are null and void. Here, then, is as direct d
conflict of Jurisdiction as there can we'll be-
and after the expiration OF the ominous
twenty days" the test, both Of right and
power, will be met and made if the sheriff Of
the county land it is not known he can vel
ayoid) shall seek to execute the DEGREES Of bis
own court.