Volume 200, Volume 3, Page 305 View pdf image (33K) |
IN THE MATTER OF RACHEL COLVIN. 3Q5 would be rendered powerless for good, and prolific only of inconvenience and mischief. In the answer of the receiver, filed on the 14th inst., he says distinctly that he has no interest in the estate, and therefore no disposition which can be made of it can in any way concern him. I therefore consider it my duty to enforce obedience to the order of the 19th of April, 1853; but inasmuch as the re- ceiver disclaims expressly in his answer any intention to disre- gard the authority of this Court, or to treat its orders with con- tempt, I am not disposed, at once, to direct an attachment to issue against him, but will pass an order which will enable him, by yielding promptly to the authority of the Court, to protect himself against the consequences of that process. [An order was accordingly passed on the same day, (17th of May, 1853,) requiring the receiver to comply with the order of the 19th of April, 1853, "by yielding up and delivering to the said Richard Colvin Warford, administrator pendente life of Rachel Colvin, deceased, the personal estate and effects of said deceased in his hands; and that as soon as may be con- veniently practicable, he make report and account, as required by said order, and in all things execute and obey the same. And it is further ordered, that if the said Ellicott shall neglect or refuse to execute and perform said order, by yielding up and delivering to the said Richard Colvin Warford the personal estate and effects of said deceased, for the period of ten days after Lhe service upon him of a copy of this order, that, upon proof of service and neglect or refusal, the writ of attachment will issue to compel obedience thereto."] GRAFTON L. DULANY, and HENRY WINTER DAVIS, for the Receiver. WM. SCHLEY, REVERDY JOHNSON, and FREDERICK W. BRUNE, for the Administrator pendente lite. |
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Volume 200, Volume 3, Page 305 View pdf image (33K) |
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