Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-02-08
THE CIRCUIT COURT OF APPEALS.
The ChaIkiey Deed Standardization
in Other Cases

The February torn of the United States
Circuit Court of Appeals commenced yes
terday. There were present Judges Ma
than Goff of West Virginia, Robert J..
Dick of North Carolina, and Robert W.
Hughes of Virginia Chief-Justice Fuller
did not arrive until O'Clock 7. VI. ana
Judge Bond, who was also expected, was
detained at home by sickness
There was quite large crowd IN the
courtroom. The following attorneys were
admitted TO practice; John Brannon, OF
Weston. W. Va: James G.. Field, Abe
marie, Va: +. Nj. Fulton, Wise Court
house, Va: I. Willis Blackstone, Balti-
more. and b. Mason Amber. Parkersburg,
w. Va.
THE CHALKIEY DEED SUSTAINED.
One of the most important cases de-
cided. and the only one of special local IN
terest, was that OF Williamson 1alley. trus-
tee. and Ernest II. Chalkley, appellants,
against Curtain x Conner, III which the
deed OF assignment made some time ago
by +. II. Chalkley TO Williamson Talley.
trustee. for tho benefit OF certain creditors
was sustained.
In this case was involved the validity OF
a deed made TO secure certain creditors.
giving preferences. and eXactlng release
from those who claimed its DEMENT'S.
The Circuit Court of the District de-
creed that the deed was fraudulent ana
void and directed the proceeds OF the
trust property to be paid TO the complain
ants and other creditors who united with
them in attacking the deed. The Appel
late Court held that the Virginia statute
regulating the distribution OF assets
fraudulently conveyed among creditors
who successfully attack the conveyance
cannot be followed by the courts Of the
United States; and that the deed III TINS
case was not fraudulent and void but
good as to the trustee aud the secured
creditors. but that the grantor was not en-
titled to the benefit of the release clause,
and accordingly reversed the decree OF the
Circuit Court declaring the deed TO be
fraudulent.
Ii was objected by Curtain d Conner
that the court was without jurisdiction TO
entertain the bill of complaint because
they were creditors al large and Tor th9
other side il was insisted that the appeal
should be dismissed because six months
had elapsed from the entry of a decree
which was claimed TO be final, but neither
objection was sustained.
OTHER CAsEs DECIDED.
Opinions were handed down in the fol-
lowing other cases:
United States. plaintiff in error, rs.
James q. Peace and others. From the
Eastern District of North Carolina.
Judgment reversed and case remanded.
Coates d Co.. plaintiff in error, rs United
States. From District of Maryland.
Judgment reversed and Judgment for
plaintiff Tor S726, Judge Hughes dissenting
Baltimore and Ono Telegraph Company,
of Baltimore county and Baltimore and
OHIO Railroad Company, appellants, rs,
Interstate Telegraph Company. Appeal
from Mary land Affirmed.
Myers Il Houseman, appellants. rs
Steamship Queensmore, Limited. From
MARYLAND. Affirmed.
Charleston lee Manufacturing Company,
plaintiff III error rs. r. +. Joyce. From
South Carolina. Affirmed, Judge Hughes
dissenting.
Steamship Akaha, appellant Us. steam
ship City of Birmingham and Boston Tow
boat Company. From Eastern District of
Virginia. Affirmed.
New York, Philadelphia and Norfolk
Railroad Company, appellant, rs. Barge
Lawrence. From Eastern District OF VIZ
glnia Affirmed.
The case Of claimant of 5000 punches Of
bananas. appellants, rs. steamship. Curlew.
appeal from District Court of Maryland IN
admiralty, was argued by Robert ii. Smith
and John II. Thomas, of Baltimore, for
appellant. and L. Wallis Blackstone for
the steamship.
Court adjourned until this morning.