Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-01-23

Judge s5ushes orders the IarShHi 40
EnEn L,nsaeAsinm OF tne rrnperty.

Inthc suit referred 10 in yestcrday's Dis
patch 70. having been instituted Oh Monday
ODD ihc United STATES Cfrut Court, The de-
-irn ~ which is to have set aide the deed
Of s-lrumpnt made hv Ernest n. Chalhley.
dealer ,n leather, hides, 49,, and e. secure
tIr appointment OF receiver. I,isr Pug'
.tuheim.r, "a citizen oi fle S'nic oi Mary
ifrd lri % resident az Baltimore, - the com
rnnlnf. and ic prays mat WILKINSON
faU,y. trustee, aud Ernest IL. Chalkley be
made parties defendant.
Ibt amount due Gucgonhcimer, VINO sues
econ behalf 1f himself aud an other creditors
vil w.y come in and be made parties plaiu-
fl thr blu G.cd upon the usual terms Is
.-.Gts-laud Doc say. may bo more.
NULL ANp vOrr.
Tlc bin ~ complaint addressed 10 the
t.f,es of The United STATES Circuit Court for
.I. Eastern district of irginia. preuared
ard rro,enttd 90 Judge Hughes by MI :.
proelaurr, counsel FOR Gucgcnheimer,
claims that the decd is, "a 10 The orator aud
c.muninani's demaud, null and void and
made with tuc intent to hinder. delay, &c,
%, comp,irants Boa the making payment aud
collection of their debt. against Mr.. Chalhley
and for thc mlry reasons apparent ON The
face OF the deed.
TW ICy-Err's POWERS.
The orator complains that among the many
Illegal provisions OF the deed The following
is most unjust and Illegal.
''Ihe Z u,tce is authorized 10 take posses
sion ~ the tanncry ~ the said Ernest II.
,lukIcv aud al ~ the personal property
conveyed. n, iu IN, opinion, il i' likely 60
promote the interests of The creditors hereby
secured, hc is authorized 10 complete the
uanuiacture 90 leather now in course Oi
Manufacture and to Work up the material
row ou hand. and 10 accomplish thiN pur-
pose be d. authorized - purchase other ml-
tnd. Butt ho deems such course inn
practicable he shall sell al public auction or
private sale. and upou such terms rs be
deems best, the material on hand
The trustee the bill further Tccites, can
thu. continue the business of the said
Chslklcy indefinitely. aud the creditors are
not allowed any remedy 10 collect their
debts. This, 10 is conlcnded, Is contrary to
law and ~ the decisions 81 the courts.
Do addition TO this delay the trustee Is en-
r.,yysreI 90 s.sel uppu such terms as he may
think heat" thus. as stated, adding delay
ulln deay, which Is charged To be Illegal
ana Improper. The point Is made that II
allowed to sell upon such terms then the
trustee may extend credit inconsistent
with and rcpusnaut 10 the rights and equi'
Ties Of ihe ease.
.U nlNfNi ~ Nt li'it Iit As
Complaint il further madc that IN the decd
ro schedule of the personal property l.
Given only am imperfect deScriplion- anu
tastthc trustee Is simply authorized 10 take
no..e,,ian nc once. hut not required TO make
.nd die au inventory. 81 that II the trustee
DELAY. 30 80 dong or does not do 20 At All
fne creditors will not know how much ana
tyhttthc nature ~ the assets NAV be. Ana
raf the deed provides that I'm order even 10
offYin the benefits OF the scant provisions
made for thp unpcierred creditors they are
REQUIRED Within ninety days TO signify Their
ac.cuanreot the deed aud to realize such
unpaid portion OF their debts which may re-
main. even Il they should 10y any chance oO-
tsin any percentage Of their debts.
WHAT Is ASKED.
The hin asks that williamson Talley, trus-
Gee. and Ernest n Chaikley be made defend
ants and required 60 answer the plainuu >
hiu. with tle oath 10 such answers waved;
trats receiver he appointed 10 take posses
sion and discharge the duties imposed upon
nim by order OF the Court; that the trustee
be enioiucd and restrained from executing
his r1Wers under the deed; that the court
have fhe trust administered under the super
,rsion sud by The officers OF The court; thst
the deed Poe declared null and void. and that
the property be sold and the debts Of The
complainant be hrst paid In full out OF The
proceeds 0i sale.
OTHER PAITiEs.
Nlr. Pro.kaucr also presented the petition
81 4. Gunsi ana L. Schloss, doing business
"a. e. 6unsi a TO-. asking 10 Toe admitted a.
psriies complainant with Guggrnheimer.
They atopi The same grounds Ot complaint.
1ts'r petition was granted. Their claim IS
Sl,9o6.03. ,
Instituted suit 30 the ChsucCry Court with
view 10 unsetling the deed from Mr.. tnaih-
lev. also Hled petition in the United States
court and Was made party to Guggen'
hmmcrs suit lie Is represented by ex'
judge A. l.. lIolladay and William II. beF'
eudgc. Esq. The amount DESIGNATED IN tne
deed 70. due him Is so, 49, bis petition
aiys, but be- claims tsst $1,000 Is que hiD'
RESTRAINING ORDER GRANTED.
Jr5re Hughes. who arrived In The CITY
Toto Monday afternoon, was engaged IN hls
,e., with counsel that night uniil nearly l.
O'Clock. lie returned o. Norfolk yesterday
r-rug. The Judge granted temporary
i..r4iulnQ order Tes'raining The trustee ana
tl. f.fcudant from further interfering WITH
ut property conveyed 0y the latter. ana Tue
Marshal /. directed 10 take charge al once oi
tt LIopsIiY, books, papers. an" VoV>os :"
L1iou ~ said l.. II. Cbalkley, assignee IN
I'D tesi aud TO hold the same untll ine
iarog order Of the Court. The said Iahey
sad 't4Illey are required 70 show cause, IL
rny !ley can, on the 3lst OF Janusry, why
receiver should not be appointed anu pie
Ln.lAry injunction should not De granted
B0aD oivRS.
Gugseuheiper wss required 10 give bond
10 ths sun Of $500 oopditsoned for the pay
G4all Of Al costs and damages res1hnxxoo