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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 601   View pdf image (33K)
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CAPE SABLE COMPANY'S CASE.—3 BLAND. 601

ing in need of the same protection. In the case cited, as deter-
mined by Chancellor HANSON, the legal interest in the land was
vested in the complainant when the injunction issued; he obtained
a conveyance, founded on an equitable title, subsequent to the
judgment; and, of course, held the legal title in the land to which
the injunction applied.

The injunction will continue until final hearing or further order.
If a speedy decision on the merits is desirable, on the answer of
Caton coming in, the cause may be ready for final hearing.

Alter which these plaintiffs, on the 30th of June, 1824, filed a
third bill against the Cape Sable Company, Richard Caton, Robert
Oliver, Charles Carroll of Carrollton, Robert G. Harper, George
Slye, Samuel C. Love, Luke W. Barber and Thomas Baiber; in
which they refer to and pray to have their two former bills made
parts of this. And they state, that since the judgment which
had been obtained in Anne Arundel County Court, on the 9th of
December, 1822, by Robert and John Oliver, John had died; that
this defendant Robert Oliver, his surviving partner, on the 26th
of May, 1824, by a combination with this body politic and its
president Harper, and with defendant Caton, had, with intent to
defraud these plaintiffs, and in order to evade the injunction here-
tofore issued, caused a judgment to be confessed ]n Baltimore
County Court against the Cape Sable Company in favor of Robert
Oliver for the same demand for which the former judgment had
been rendered in Anne Arundel County Court; upon which judg-
ment, of Baltimore County Court, a writ of fieri facias was taken
out, before any execution had been issued and returned nulla bona
to that Court, and directed to the sheriff of Anne Arundel; which
was promptly levied upon all the visible property of the Cape
Sable Company; which was immediately advertised for sale; that
although * this writ of fieri facias was sent from Baltimore
to Anne Arnndel by consent; yet no such consent of the 621
Cape Sable Company could give jurisdiction to a Court, where
none such was given but in a prescribed manner. That at the
March Term, in the year 1822, of the Baltimore County Court,
these defendants Luke W. Barber, Thomas Barber, George Slye,
and Samuel C. Love severally obtained judgments against the
Cape Sable Company; upon each of which judgments writs of
fieri facias were issued and returned nulla bona to the September
Term of that year of the same Court. After which, on the 22d of
January, 1823, writs of fieri facias issued on the same judgments
to the sheriff of Anne Arundel; which were returned nulla, bona
to the April Term of the same year of the Court of that county.
That no further or other process was issued thereon until the first
day of June, 1824; when, by consent, without any scire facias to
revive them, writs of fieri facias were taken out from Anne Aruu-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 601   View pdf image (33K)
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