|
|
|
|
|
|
|
18 WALSH v. SMYTH.
t The petition further stated, that the dissolution of the injunc-
tion, by enabling the surviving defendants to issue executions at
law on the judgments rendered more than thirty years ago, which
have been levied on lands whereof the plaintiffs in the bill, or oaf
of them, were or was seized at or since the time of their rendi-
tion, and long since sold for a valuable consideration to bona fide
purchasers without actual notice, would cause great and irrepara-
ble injury to such purchasers, if an opportunity should not be given
to them to be heard and to produce testimony in support of the in-
junction. In particular as regards the creditors of Casenave,
whose interest it is the doty of the petitioner to protect; and who,
If this decree be allowed to stand as final, will be deprived of the
value and proceeds of a large tract of land in the state of Ken-
tucky, to which they would be entitled, if the injunction were
made perpetual, as appears by an award made in a suit which was
depending in Baltimore County Court, in which Samuel Moale,
trustee of James Walker, an insolvent debtor, was plaintiff, against
Robert Walsh defendant, which award is in these words,
'We find that the said Robert Walsh the defendant, is indebted
to the said Samuel Moale the plaintiff, trustee of James Walker,
the surviving partner of the firm of Casenave & Walker, in the
sum of $6,509 16, current money of the United States; and we
do hereby award and order, that the said defendant shall pay to
the said plaintiff the said sum of $6,509 16, within six months
from the date hereof. And we do further award, that the said
Robert Walsh, shall, by a good and sufficient deed, convey and
make over unto the said Samuel Moale, trustee as aforesaid, his
heirs and assigns, all his estate, right, title, claim and interest in
and to certain tracts or parcels of land lying in Nelson county, in
the state of Kentucky, containing about twenty thousand seven
hundred eighteen and three-fourths acres of land, which he, the
said Robert Walsh, acquired by virtue of a certain deed of con-
veyance, dated the 23d day of March, 1795, from a certain James
Kerr to the said Robert Walsh. The said lands to be conveyed
by the said Robert Walsh to the said Samuel Moale, as aforesaid,
free, clear of and from all incumbrances which may have been
created by the said Robert Walsh, and also clear of all taxes which
have accrued since the date of the said deed from James Kerr to
the said Robert Walsh; which lands we find were conveyed to the
said Robert Walsh, as agent of Casenave & Walker, of whom
the said James Walker was surviving partner. Provided always,
|
|
|
|
|
|
|
|
 |
