The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1885-04-24

out, and horse and driver rolled to the bot tom of
an embankment or 10 feet deep Mr.. Bateman
in attempting to rise fell upon the horse, his left
leg being broken. Mr.. Cornthwaite who saw
the accident, ran to his assistance, and got him
out of reach of the horse, which was struggling
to rise Procuring assistance, Mr.. Cornth-
waite carried him to his home near by, where
DR.. j. F. IL. Gorsuch set the limb, both
bones of which were broken, about two
inches below the knee joint. Later in the
day he was brought to the residence of his par
ents Mr.. and Mrs. Joseph E. Bateman, in Bel
Air.
On Tuesday afternoon while Mr.. Robert B..
Sellers was engaged in painting the base of the
spire of the new NJ P. Church, in Bel Air, he
lost his balance and tell from the scaffold on
which he was standing to the ground distance
of about fifteen feet. 1t was at first feared that
he was fatally injured but Drs VIM. s. Archer
and G. A. Eollingsworth examined him and
found that no bones were broken. He was.
however, severely bruised The Messrs. Whit
aker sent him home in their wagon.
On Sunday evening Mrs. Leonard NJ. Wheeler,
living near the Hickory, accidentally fell from a
ladder and broke her tollar- bone. Dr. E. Hall
Richardson adjusted the fracture. The injury
was very painful
THE HEAPS Bros. INJUNCTION CAsE.-Judge
Walters on the 18th instlnt filed his decision in
the injunction case of Heaps and Stump, trus-
tees, against The Farmers Mutual Warehouse
Company. The complainants, Messrs. Hugh T.
Heaps and Herman Stump, trustees for II. H.
Heaps u Bros, petitioned for writ of injunc-
tion restraining the Warehouse Company, from
removing, under writ of rcplevin, certain Red
Seal canned goods claimed by them from the
canning house Of Heaps u Bros, and from
Highland station, where they had been hauled
for shipment. The Warehouse Company claim
ed them under a storage receipt, which was
held by Smith " Wicks, of Baltimore, purcha-
sers of all the Red Seal goods. The case was
argued at length, on Thursday and Friday of
last week, by Messrs. Henry w. Archer and Her
man Stump for the complainants, and by Messrs
VanBibber and Williams for The respondents. -
Judge Waters, in his decision, says:
assuming then the truth of all the matters al
legged IN the petition, the prayer for relief pre-
sents the question whether claimant of prop
erty which is in the possession of trustees by vir-
creditors Of the assgnors, and over which a
court of equity has assumed jurisdiction, should
be allowed to pursue his rights in court of law.
1t seems to me monstrous doc
trine that any person finding himself In failing
or embarrassed circumstances may convey to a
trustee for the benefit of his creditors whatever
he peases and then, if he can manage to deliver
to the trustee possession of the property SO con-
veyed, the trustee, by obtaining a court of eaui-
ty to take jurisdiction of the trust so created
may hold such property against all the world I'M
less the true owners should choose to come into
the forum of the trustees selection to contest
their rights. The equity of such proceeding
would be most conspicuous by its absence. The
owner has the right to obtain the possession of
possible Ii he prefers to submit his claims to u
court of law certainly he should be entitled to do
SO. For court of equity to assume jurisdiction
over the property of an insolvent debtor Is one
thing, but to extend it so as to include an excu-
sve Jurisdiction over somebody ,else's property
Is q quite another her thing: Still less can
stranger to the deed of assignment, to proceed
by reDlevin or otherwise against the property in
the hands OF me trustee for the purpose of test
ment, or in other words whether or not
the property is rshtqlly IN the hands of the
The allegation in the petition which was in
tended to show that the claim of the warehouse
company was for mere qualified right of pos
session, which was not necessarily inconsistent
with right OF property in the trustees, having
been denied, and the right of possession claimed
being distinctly adverse to any right of property
in the trustees IL is apparent that the rights of
the trustees are abundantly secured by the bond
which was necessarily preliminary to the grant
ing OF the cost of replevin.
For these reasons shall dissolve the injunc-
ton and dismiss the petition
The decision was filed at 8 o'clock Saturday
afternoon, and at day break, Monday morning,
the counsel for the Warehouse Company had the
Sheriff at Highland station, where some of the
goods were held TO ship them to Baltimore. The
compliments were equally prompt and the
freight train being delayed by the land slide at
Loeb Raven, before it passed Bel Air, an appeal
to the Court of Appeals was asked for and
granted. The complanants' counsel subsequent
ly consented to an arrangement by which the
goods should be sold and the money deposited
in bank pending the final decision of the case.