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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 412   View pdf image (33K)
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412 HIGH COURT OF CHANCERY.
the heirs were not bound by the decision of that court. They
were not bound because not parties to the controversy there,
but the claimants were parties and ought to be bound.
4th. Claims Nos. 4 and 6, are established by the decree, and
are to be allowed.
5th. The exceptions to claims numbered 7 and 8, being
abandoned, they -will be allowed. In fact, these claims appear
to be fully established.
A. RANDALL, for Bevans.
McLEAN, for Shepherd.
ROBERT BENTLEY ET AL
VS. JULY TERM, 1851.
BENJ. SHRIEVE ET AL.
[ATTACHMENT.]
MONEY in the hands of a trustee of this court is not liable to attachment.
[The statement of facts referred to in the opinion of the
Chancellor in this case shows, that Kilgour, the trustee in this
case, held in his hands certain moneys belonging to the creditors
of Shrieve; that John I. Harding, of Loudon county, Virginia,
was one of those creditors, and had filed his claim in the cause,
and the account stated by the Auditor allowed a distributive share
thereto; that said Harding, on the 2d of September, 1847, ex-
ecuted a deed of trust to Thomas P. Knox, including his real
and personal estate and. all debts of every description due him;
that Ramey, a citizen of Loudon county, Virginia, to whom
Harding was indebted, on bond, obtained a writ of attachment
out of Montgomery County Court, on the 29th of July, 1848,
against said Harding, which was, on the same day, laid in the
hands of Kilgour, the trustee; that the deed of trust from
Harding to Knox was not recorded, in the clerk's office of Mont-
gomery county or any county in this state, or in the Chancery
office, or filed therein.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 412   View pdf image (33K)
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