DOUB VS. BARNES. 129
and also against him and the Masons collectively; and in the
year 1844, a number of them being still unpaid, writs of scire
facias, were issued upon them, against the original defendants
and the terretenants, and at March term, 1845, of Washington
County Court, fiats were entered upon them. A number of
these judgments were subsequently entered for the use of Mar-
garet A. Mason, with whose separate trust estate they had been
purchased, by her husband and trustee, John Thompson Mason,
and upon the fiats thus rendered, and marked for her use, writs
of fieri facias were issued to March term, 1846, of Washington
County Court, and laid upon the land purchased by Deub, as
above mentioned, from said Price and Yost.
The principal object of this bill was to prohibit proceedings
on these executions, and an injunction for that purpose was
granted by the late Chancellor on the day the bill was filed.
This injunction was afterwards upon hearing, dissolved, and
on an appeal taken, the order of dissolution was, at the June
term, 1846, of the Court of Appeals, affirmed as to Lynch and
Craft, two of the judgment creditors, but reversed as to John
Thompson Mason and wife, and the cause was remanded to this
court for further proceedings. An order reinstating it having
been passed, and proof taken, the cause was argued by coun-
sel and submitted to the Chancellor, for his decision.
The other facts in this case, as elicited by the pleadings and
substantiated by the evidence, their effect upon the merits of
the questions raised, and what those questions were, will ap-
pear from the opinion of the Chancellor, who, after stating the
nature of the case, proceeded as follows :]
THE CHANCELLOR :
The Court of Appeals in their opinion upon the question be-
fore them, make a statement of the equity of the complainant's
bill, and the judgment of this court upon the matters now to be
decided, must turn upon the conformity of the proof with the
facts set forth in the bill, upon the existence of which, in the
view of the appellate court, the complainant's right to relief
depends.
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