602 CAPE SABLE COMPANY'S CASE.—3 BLAND.

del County Court on each of them, and levied upon all the prop-
erty of the Cape Sable Company; which was advertised to be sold
on the same day appointed for the sale under Oliver's execution;
that all four of these last mentioned judgments had been satisfied
by money advanced by the defendant Carroll to the defendant
Harper, who afterwards assigned them to the delendant as a secu-
rity for the money so lent and advanced by him; that on the 4th
of June, 1824, after the property of the Cape Sable Company had
been actually taken in execution and advertised for sale, actions
of debt on these same judgments were docketed by consent, and
judgments confessed thereon in Baltimore County Court for the
use of the defendant Carroll; that although these latter judgments
may be void; yet the property of the Cape Sable Company, in
which these plaintiffs have so large an interest, cannot be thus
subjected at law to a double execution for the same debts; and
that the sole object of all these proceedings has been to deprive
these plaintiffs of their rights, and to exclude them from all con-
nexion with the Cape Sable Company as legal and equitable stock-
holders therein. Whereupon the bill prayed for an injunction to
stay the proceedings at law, &c. Which was granted accordingly.
Richard Caton, by his anewer to this bill, admitted that the
proceedings at law had been had as stated; but averred, that they
were all bona fide, and that there was no fraudulent intention on
the part of any of the defendants, &c. The defendants Robert G.
Harper and the Cape Sable Company answered to the same effect,
622 *and he averred, that the judgments of Slye, Love, and
the Barbers, never had been satisfied, and that they had
been regularly assigned to the defendant Carroll for a valuable
consideration. The delendant Robert Oliver, by his answer, states
and avers, that the amount for which he had obtained judgments
against the Cape Sable Company in Anne Arundel County Court
was for money lent and actually applied to the use of that body
politic; that the decisions of this Court of the 21st of April, 1823,
and the 7th of May, 1824, so vitally attacked that judgment as
perfectly to nullify it; and that therefore, and with a view, in the
most effectual manner, to correct and remove those great infor-
malities which had been pointed out, and were considered as so
fatal to that judgment, the suit was instituted and a judgment
obtained in Baltimore County Court, on the 26th of May, 1824,
for the same debt, &c. as alleged by the plaintiff. This defendant
denies all fraud, &c. The defendant Carroll, in his answer states,
that he was applied to by the defendant Harper and others for the
loan of money to relieve the embarrassments of the Cape Sable
Company; and that he, after some negotiation, agreed to lend his
money, and took as a security for the money so lent to that body
politic an assignment of the judgments of Slye, Love, and the
Barbers, which were then and yet remain in full force, and wholly