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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 83   View pdf image (33K)
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STRIKE'S CASE. 83

paid by Strike, give him no lien upon the property itself against
the rightful owner, either Rogers, these creditors, or any one else.
But if Rogers had come here to be relieved against the fraud prac-
tised on him by Strike, and to have the property restored to him,
the court would have granted him relief only upon condition of his
reimbursing Strike for all his improvements and advances, because
they enured to the use and benefit of Rogers. But no equitable
principle of that sort can be urged against the complainants. They
are here as creditors, praying to be relieved against a fraud con-
trived between Rogers and Strike.

But, admitting all this. It is alleged, that, independently of the
vacated deeds and of the decree, Strike has a claim, as a kind of
salvor of this property, which ought to be allowed. It is said he
has saved it from the hands of the ground landlord, by paying the
ground-rent; he has saved it from the grasp of the Pratt-street
commissioners, by paying the assessment levied upon it; and he
has saved it from the power of the State, by paying the taxes. He
maintains, that he has a right to assume the place, and to be sub-
stituted for those claimants, and he founds this claim upon the doc-
trine of substitution. But Strike, as regards these complainants,
was an uninvited officious mala fide meddler with property which
he knew did not belong to him, and which he was apprised ought
to be liable to the claims of Rogers' creditors. He made these ad-
vances to serve himself, not for the benefit of these complainants;
and if he had an intention, that these advances should enure to the
personal benefit of any one, it must have been to Rogers; because it
was from him he took the estate; and if the conveyances were to be
annulled, it was only against him he could seek reimbursement, (z)
Strike, therefore, cannot have, against these complainants, any sha-
dow of countervailing equity on which to rest his claim for these
advances, out of the proceeds directed to be brought into court.

Having discussed the liabilities and pretensions of the defend-
ants, let us now consider the interests of the complainants among
themselves. This is what is commonly called a creditors' bill;
and where two or more creditors bring such a bill, or others come
in afterwards, the adjustment of their rights and interests, in rela-
tion to each other, and the objections which the defendants may
make against those who have come in, after the institution of tie
suit, most generally remain to be considered and decided when the

(z) Kames* Pri. Eq. b. 1, p. 1, s. 3.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 83   View pdf image (33K)
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