Beall v. Osbourn

GrasoN, J., delivered the opinion of the Court. This case comes before this Court upon an appeal from a decree of the Circuit Court for Prince George’s county, sitting in equity, dissolving an injunction and dismissing the bill of complaint. It was contended by the counsel of the appellant that there was error in the decree; first, because at the time of its passage, a suit in equity, was pending in the Circuit Court for Prince George’s county, as a Court of Equity, for a sale of ¹⁰ the real estate óf Thomas E. Bowie, for the payment of his débts, and that an injunction had been issued in that case enjoining his creditors from proceeding against him at law, and that the injunction was still in force at the time the writ of fieri faeias was issued Upon the judgment of the appellees, and that, inasmuch as Bowie’s creditors were thus enjoined from proceeding against him at law, it followed that the ap-'pellees could not proceed, upon their judgment and execution against the appellant, who is the executor of Bowie’s surety; and secondly, because even if they could thus proceed, during the existence of that injunction, that the writ of fieri facias should have issued against the property of the appellant’s testator and not against that of the appellant; and even had it properly and legally issued against the property of the latter, that it ought to have been against his goods and chattels, and not against his land. 1st. It appears from the record of the proceedings in the case of Bowie’s creditors against him, and which was submitted to the consideration of this Court by an