The times. [volume] (Richmond, Va.) 1890-1903, 1891-05-29

Injunction Grapted--Decree Ensered-o'he'
1890 Matters Before Judges.

| b Juft. a resident Of the State of New } ork,
who il said TO be a nonresident OF me State
| OF Virginia. for the sum of S4Il.32 winch ne
il said TO owe the compliments. together Will
| one Henry Lee, his co-defendant The docu-
ment sets forth that the complanants are IN
| formed that Tuft is entitled to legacy under
the will of the late William II. Haxall; that
| Tuft has no other property, aud that ne mas
| made an assignment of all his interest
in the estate of William II: Haxall
20 has wife, Annie T.. luit, OF
some one else for her benefit,
without any valuable consideration, for the
purpose of hindering, delaying and defraud-
inc his creditors. The complaint goes on 10
state that Mrs. Annie T. Tut also is non
resident OF this State, and that John Dunlop
Barton Haxall and J. i. Williams. the exc
cut0rs under the will of William ii, HaXall,
are about 70 pay over the legacy. the conf
plainants therefore ask for an attachments Dc
served on the executors the same TO operate
as an Injunction 10 restrain them from Paying
over the legacy until further order OF the
court. Judge William $. Barton, OF Fred
ericksburg who presided, granted the attach
ment on the bill of complaint
Edward W. Dean, T. Coggeshall Chase, W.
p. Edwards and w. +. Shilton. partners under
the firm name Of Dean. Chase a Co. entered
bill Of complaint against the DAVIS shoe
Company for An Indebtedness OF ~. $50 IL
The bill Of complaint states that on May IL.
1891, the Davis Shoe Company, through their
president. W. II. Chase made an assignment
of the property in Virginia to BENJAMIN +.
Spinney and Moses Williams trustees; Inc
document claims that W. ~. Chase dld not
have the power and authority To make
the assignment: that the deed was
null and void, and only made 10
hinder, delay and detraud the com COM
claimants and other creditors The deed
was fraudulent on its face. for it authorized
the trustees to sell all property OF the COM
many exceeding 300 900 IN value IN one lump
sale OF privately. and without giving notice
to the creditors at any time and they are not
required 10 give security. The trustees are
also empowered to carry in that part OF the
business which is situated in Virginia at the
risk of the trust fund. The bill of complaint
also states that the deed illegally prefers Gre
ditOrs and gives the trustees the utmost latl-
tude in the appointment OF agents
and while it gives them considerable
power. it exempts them from all re-
sponsibility for their action. 1t also claims
that the trustees have never taken possession
of the property, but have authorized an en-
ploye of the delunct company to remain III
possession of the plant as their agent. VINO
actually continues the business. Creditors VINO
want TO share in the profits have 10 sign D0nd'
not to exact a bond from the trustees. Inc
deed of assignment fails to convey all the
property of the company. while 1t exacts re-
lease Of the debtor corporation as a CONDITION
OF sharing in the benefits.
After the deed OF assignment in regard to
the property in Virginia had been executed
the compliments state that another deed was
executed conveying 10 the same trustees all
assets not ONLY those in this State. This
deed which only was recorded IN Richmond
on May 2G. 1891 is claimed TO be fraudulent
and void for the same reasons as the other,
and il is the opinion of the compliments that
it is the intention of the trustees 10 remove
the assets IN this State, as fast as possible 10
the States of Maine and Massachusetts, 50
that when the final decree is entered no prop
erty could be found within the jurisdiction OF
the court
The compliments therefore pray that the
Davis Shoe Company, Benjamin L. Splnney
and Moses Williams, the trustees, and +. l..
Shaw & Co., attaching creditors be made par
ties defendant 10 this bill; that an injunction
be awarded enjoining the trustees or their
agents from interfering in the property IN
Virginia; thata receiver be appointed and the
property sold. out OF the proceeds of which
the claims Of the creditors should be paid in
their legal priority.
The case was argued yesterday before
JudgesWillam S. Barton, and the court issued
a decree that one of the commissioners of the
court take and report to the court the follow
ing accounts;
First. an account of the assets Of the Davis
Shoe Company in Virginia. embraced Ill the
deeds of trust of May 18th and 18th TO Benia-
min f. Spinney and Moses Williams. trustees.
Second, an account Of the debts assumed in
said deeds. due or 10 become due by said
Davis Shoe Company
Third, an account of the liens which exist
or are deemed TO exist upon said property.
The court further ordered that the trustees,
their agents and attorneys shall sell the goods
on hand or those manufactured until further
order of the court, and deposit the net pro-
caadC in tho State Rank of VIRGINIA taking
certificates payable TO the order of the court
The trustees are also ordered to file an lnven-
tory of the assets as soon as possible.
The compliments were represented by
Messrs Coke and PIckrell, Major Robert Stiles
and w. w. Henry.
Mr.. George Mason an attorney of Peters
burg. yesterday argued case IN the court IN
this city.
Police Court Sarah Burney Blanche Adams,
Mary Cox Ella Enroughty. Fannie Kendall,
Nellie Murrell, Pearl Oliver and Kate Glenn
roy white women, Ella Jackson, Doshey
VIM Sarah VIM and Susan Goode (cOlOred),
charged with keeping and being occupants Of
disoTdeTly houses on Mayo street. were tried
yesterday morning. Colonel NJ. l.. Spotswood
appeared for the cOmplainants (members of
keneseth Israel congregation, and Messrs.
ID. G. Richardson and j. Samuel Parrish
for the defense The first case called
was Sarah Burney and Blanche Adams,
who reside at No. 221 Mayo street. They
claim to be mother and daughter. A cOnsid-
cradle number of witnesses were examined,
but none of them testified to any cases of dis
orderly conduct from their own knowledge
Their general impression was that such con-
duct did exist, but they could not say posi-
lively. The court ruled ont all evidence as to
the general character of the accused, and after
a brief argument Sarah Burney and Blanche
Adams were discharged
The cases of Mary Cox. Ella Enroughty
and Fannie Kendall (white), and the colored
women were continued until June 18th. The
cases of Nellie Murrell. Pearl Oliver and Kate
Glennroy were continued until June 5th.
1t is understood that between now and the
time set for the trials the above women will
remove to some other neighborhood The
women who were discharged will also be
made TO move.
Casey Anderson (colored), drunk and
using profane language during market hours.
Fined 50 and costs and surety required for
good behavior for thirty days.
ROsser Atkinson, drunk. Fined % and
costs and security required for good behavior
for thirty days.
Michael Smith. drunk. Fined 50 and costs
Henry Smith (colored) fighting in the bar
room Of James Jenkins Continued until Sat
urday.
Fritz King, drunk. Fined - and costs.
Thomas McCann aSsaulting and interfer-
ing with Thomas Lawkin. an employe a the
Richmond Locomotive Works. Continued
until to-day.