Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-06-21
a fraudulent mortgage on the Cumberland
farm for 5000. and asks that this mort
gage be set aside as fraudulent
GRANTED TEMPORARY ALIMONY.

June, 1898. AT that term motion Tor
temporary alimony was made by May T..
Parker's counsel, supported by affidavits,
making out pr'ma facie case. Upon the
nearing the court Judge Hundley pre-
s'uihG, announced from the bench that
temporary alimony would be allowed. and
NJ the request OF the defendant gave him
ume to prepare and file afIldayits as TO
his inability to pay the same
instead OF fling these afiidavits. the de-
PENDANT, Nrker Immediately executed a
deed OF trust on All his property, real and
personal, IN an amount sufficient 10 cover
its fun value, securing among other
creditors. Mrs. Susie jacques. for very
large sum. in addition TO the debt mem
toned in the original bill and charged TO
be fraudulent When this was brought TO
the attention OF the court then in ses-
sion, Judge Hundley issued a rule against
Parker. and the trustee I'm the deed, and
an others connected with IL that could
be reached within his Jurisdiction, re-
curing them to show cause, If any they
could. why they should not be fined and
imprisoned for contempt OF court. i'm this
attempt to, defeat its lawful jurisdiction.
Mrs Jacques being a nonresident Of the
State. and beyond the jurisdiction of the
court. could not be reached by this pro-
cess.
All the other parties answered purging
themselves OF intentional contempt, and
Parker professed his readiness to obey
any order the Court might make.
CUMBERLAND SHERIFF IN CHARGE.
The Court then ordered Parker to make
another deed TO its receiver, conveying all
his property, real and personal, and re-
voking the first deed. so far as lay I'm his
power and the Court enioned and re-
strained the trustee from recording the
first deed.
Parker obeyed this order. and the court
then fixed the amount of alimony at Sl''
for counsels' fees and expenses OF htlsa-
ton. and S12 a month for the support OF
May T. Parker, pending the litigation.
and ordered the Sheriff Of Cumberland
county as receiver TO take charge oil
Parker's property. and, If necessary 10
sell enough of it TO pay said allowance.
Counsel for Parker then applied TO the
Supreme Court of Appeals, appealing from
this decision. which appeal was denied 10y
all the five judges of that court.
PLEA FOR MRS. JACQCES.
Mr.. William Flanagan, counsel for Susie
Jacques. then applied TO Judge Hundley'
Of the Circuit Court Of Cumberland ln
vacation for an injunction TO restrain 'he
Sheriff from selling ParkeTs property o"
the ground that the said Jacques WAS
bona-fde creditor under the deeo MAO
during the term of court; but the Juuse
rof,,eed The Injunction. on the ground TINT
no valid claim could be founded on
deed thus made I'm fraud Of the righttuI
irriediction of the court. during the very
terr, AZ which It was proceeding TO pass
H. ,iebfg of the PARTIES.
The matter remained In allowance uii''
Tho Novenber term Of the court. when
! Inc nIaintiff. not having taken her evil
dence 10 sustain the prayer LOT u'NoIc'
moved for a continuance on the srou"'
| tbot her counsel had been otherwise oc-
| cunied. and had supposed that the ueleH,'
| IA agreed with him TO admit cerldlH
e,,dence which had not been lesaHE
| tal,en The Court continued the case p"'
| r-,,,rnod the control of defendants pro-
nertv TO him. except that 1t enJolheu MN
! for Communicating it in any manner, ana
tho Sheriff was discharged as reCeIN. J.
| Ir,rnediatelv after the Adjournment Oh NV
| court the defendant Parker confess
! Judgment in the United statues N"N"',
Int in Richmond for 5000 in favor o.
NJ. Cusia Jacoues. and she Immediately
! al a hill in the said court, through he'
co,,neeI Mr.. w. NJ. Flanagan, to enforce
ber liens and asked for a receiver &c
1rron tbia hill the Faderfl Court appoint
ed a receiver of all the property, real ano
,creonal of II. y. d. Parker. ana saiu
Parker failed to pay the alimony oruereu
h,, the Circuit Court of Cumberland couh-
ty to his wife.
PARKER PUNISHED FOR CONTEMPT
Al the Nav term of the Cumberland
Court these facts being made to ap-
near nv petition Of May II. Parker, and
mics Of certain letters of Susie Jacques
and others. acting for her, addressed to
parker. being submitted TO show collu-
sion. the Judge was Of the opinion that
these proceedings in the Federal Courl
zero colmsive and intended to defeat
tho lawful jurisdiction of the court anu
obstruct the enforcement OF IFS decreta
and q second rule was then Issued agalnS'
Parker to show cause why he shOulu not
he dealt with for contempt or court
Parker answered, disayowinS any lh'eI,
10 disobev the order of the court ana
stotino, chat he had been advised by NV.
Al FLANAGAN a lawyer Of reliable chaF-
octer and repute" that it was not Vlo-
Iation Of the order of the court for HIM
10 confess judgment in favor OF MIS-.
Sneto Iacoues. The court fined Parker
COX for the use of the Commonwealth
and ordered him to Jail until the fine was
paid. The fine was promptly PAD.
JUDGE HUNDLEY'S ORDER.
Judge Hundley then entered an order
which is in part as follows:
.,rhe Court being Of the opinion that
tho euit aforesaid. brought by the said
Susie JACQUES a nonresident OF VIZ
pinia against said II. y. ID. Parker -
collusive between plaintm ana delehudu'
in that suit the latter being the same AZ
~ ...,ss
the foreclosure and sale ana buying III ga
the property Of the said Defendant by lHe
use of the claims Of said Susie Jacques
against him for the purpose OF deIedtlnS
any recovery ana realZatloh ~ VA
plaintiff I'm this suit thus hinderlng ana
obstructinC the administration of justice
BIZ this court which had already acquired
and exercised jurisdiction on me person
and property Of the defendant. II. y. -
Parker and had already by decree OF
June 1898. ordered an account TO be taken
of the liens upon rea estate IN VII
ginia Of H. y. Il. Parker whlch order
is still pending. DOM aqthVIiHe
Robert r. Hubbard. counsel practlclng IN
this court and in the said United States
Court at Richmond 10 acquaint, the latter
court. or the Hon. Edmund WaddAI'
Judge Of that court residing AT Rlciiilo l.I'I
if there be a vecaN u or inc Coul i, w.. -.
the proceedings Ee"c. and % express 10
him in behalf Of this court. It's desire 10
nIaintain towards the courts or the Ohlteu
States in Virginia that respectful cohsld-
Grafton and comfy 70 matters 81 W
ordinate jurisdiction which has hitherto
characterized the relations between the
courts OF this Commonwealth ana me
courts Of the United States in Virginia
and especially to bring 10 his attention
The fact that this court had nrst taken
inriediction Of the subject of liens upon
The real estate Of defendant and has con
tinuously exercised the same. and that
the precedents show that the court
whether state or Federal. ast t"hthIs
iuriediction. has hitherto deferred TO the
court which has first acquired jurisdic-