HAYDEN VS. STEWART. 461

An order passed upon this petition, for an injunction, as
prayed against Stewart, and that the trustee or purcliaser should
pay the money assigned to Stewart into court, or show cause
by a limited day.

On the 25th of June last, another petition was filed by the
bank, in which, after explaining the reason for failing to serve
copies of the former one, according to the order, it is stated
that the purchaser is prepared to pay the second installment of
the purchase money, but as his obligation given to the trustee
for it had been sent to the petitioner for collection, the purchas-
er was in doubt whether he could with safety pay the money,
without the express authority of the court in the premises.

This petition alleges, that the persons who pretend to hold
this obligation as transferred to them knew, or might have
known, of the rights of the petitioner; and the petition denies
that the transfer was made for a valuable consideration, and
without notice, and insists that the object was to secure the use
of said bond for the defendant, Stewart.

The bond of the purchaser, a copy of which was filed with
this petition, is dated the 22d of June, 1848, made payable
twelve months after date, for $1,450 40, with interest from
date, and is indorsed by the trustee and B. M. Heighe, attor-
ney, and the cashier of a bank in Baltimore, with whom it had
been placed by Mr. Heighe for collection.

Mr. Heighe states in his answer, that this bond was assigned
to him in April, 1847, under an order from Stewart to the trus-
tee, to pay him, Heighe, $1,500, out of the proceeds of the
Sale. The assignment was, he swears, made in April, 1848,
and the respondent swears, that he purchased the bond for a
valuable consideration, and without notice, and that it was trans-
ferred to him by the trustee, soon after he received it from the
purchaser, under the authority of the order of Stewart, for
$1,500, the balance thereof being paid in cash; and the res-
pondent denies that when he received it, he knew of any fact
or circumstance which could invalidate, in any way, his right
to the money.

The judgments of the bank were recovered on the 11th of
39*