Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-06-20
THE DEED SET ASIDE.
THE ATTACK ON THE cHALKLEY
ASSIGNMENT SUSTAINED.
The Release Clause, Absence OF Accurate
Description of Property Conveyed, and
Bankruptcy the Main Points.

Judge Robert W. Hughes fled with The
Clerk of the United States Circuit Court
Yesterday an opinion setting aside as void
the deed of assignment from Ernest II.
Chalkley to Williamson Talley. trustee.
This deed was entered for record in the
ChaDcery Court Of Richmond January IS,
1889. and suit was at once instituted in
that tribunal bv Alexander HeirholZer and
j. Guggenheimer through Messrs. A. l..
Holladav and Samuel Proskauerto set aside
this deed as fraudulent and void. SUIT wos
az The samo time brought by theua In the United
States Circuit Court for the same purpose.
In She mean time Curtain 4 Corner, OF Balti-
more, through Mr.. William Flegenhetmer inst-
tuted proceedings in the Federal Court 20 vacate
the deed, and after filing his bill and obtaining
an injunction he associated eX-Judge Joseph
Christian with him, and Alexander Heirhoi2er
and j. Guggenhemer dismissed their suit In the
Chancery Court and all counsel deemed u nd-
yisaUle 70 unite In the suit OF Curtain e Corner.
ANEW SUIT DROUGHT.
The cause In the United states Court having
been instituted before the maturity Of the notes
given by Chalkley 10 Curtain & Corner the coun-
sci in the case deemed IL prudent % dismiss the
matter and bring new suit after their maturt-
~ which was accordingly done, the plaintiffs
and tho petitioning creditors being the same "a
stated above.
pom the nling OF the second bill IN the Umteu
States Court Ernest u. Chalkley filed plea
claiming 20 DO then resident OF the state OF
Maryland, and asking that the cause be dis
missed for want Of Jurisdiction. The plaintiffs
insisted that Chalkey was still resident Of Nir-
gina, and that the court therefore had iuris-
dictiOn.
WAS STILL RESIDENT.
Dispositions were taken by each party aud the
question as 70 whether Chalkley was non
resident was heard before Judges Bond and
Hughes sitting together and they decided that
Chalkley was a resident OF virginia az the time
Of the institution Of the second suit.
The parties then proceeded 10 take depositions
20 set aside the Decd and after the conclusion OF
this undertaking the cause was elRborately
argued before Judge Hughes by Mr. William
Flegenheimer and Judge Joseph Christian Tor
the plaintiffs and Judge 4. J.. Holiday and Mr.
Samuel Proskauer for the petitionng creditors
and Messrs. Legh X. Page and j. Aston Cabeu
for the defendants.
OPINION or THE COURT.
The opinion holds that the deed ls Illegal for
the reason that Il has release clause attached,
and does not accurately describe the property
conveyed or the debts secured.
alt Is to be Observed says the opinion, that
a debtor by release clause Affects 30 do what
n sovereign State OF this Union Is forbidden by
the national Constitution TO authorize he affects
20 institute n proceeding I'm bankruptcy on an
individual scale. by which he may individually
be discharged from his obligations by his own
individual authority Such proceeding cannot
command much favor in the courts" The opinion
Is quite an elaborate one,