Lynch v. Roberts

Irving, J., delivered the opinion of the Court. The only question raised by this appeal, is whether upon the case presented by the bill of complaint, the Court below erred in granting the injunction prayed for. The appeal is from the order of the Circuit Court for Carroll County, dated 26th of November, 1880, granting an injunction staying further proceedings in certain actions at law. The "bill charges, that on the seventh day of October, 1878, Elijah Wagoner and his wife executed a deed to Martin L. Main and William A. MoKellip, trustees, professedly for the benefit of Elijah Wagoner’s creditors; that the trustees accepted the trust and sold large portions of the property conveyed to them by the deed, and received the proceeds amounting to several thousands of. dollars ; that this deed of trust was made for the purpose of, and as the instrument of defrauding the creditors of Elijah Wagoner, the grantor, and was therefore void.

It also charges, that, on the twenty-sixth day of May, 1879, ¹⁵² the same Elijah Wagoner applied for the benefit of the insolvent laws, and that the complainant was appointed trustee, and gave the required bond which 'was duly approved. It further avers, that after the execution of the deed of trust to McKellip and Main, and before the appointment and qualification of the complainant as trustee in insolvency, Edward Lynch and sundry other persons especially named brought their several attachment suits, against Elijah Wagoner, on original process, and caused the same to be laid in the hands of Martin L. Main and William A. McKellip, trustees, as garnishees of Elijah Wagoner, so as to embrace property mentioned in the deed to Main and McKellip, and its proceeds, and also property not embraced therein ; that on the trial of Lynch’s Case,. which was brought on the 19th of October, 1818, the deed of trust to Main and McKellip, was by the verdict of a. jury in the Circuit Court for Carroll County, rendered on the twenty-third of May, 1819, declared and adjudged to he invalid and fraudulent as to the plaintiff, Edward Lynch, and judgment of condemnation was entered in favor of Lynch for the sum of $530.21, “with interest from date and costs,” which judgment was on appeal to the Court of Appeals, affirmed;' that thereafter similar judgments were entered in other cases, specially designated, and some attachments are still pending. The complainant claims, that by virtue of his appointment and qualification as trustee of Elijah Wagoner in the insolvent proceedings, he is entitled to all the property conveyed by Elijah Wagoner and wife to Main and McKellip ; and to all the proceeds of any of the property so conveyed, which was sold by them in the execution of the trust attempted to be conferred on them ; and that he is entitled to have this deed to Main and McKellip set aside and declared void ; and that he is entitled to have all the property and the proceeds thereof come into his hands and be distributed ratably among the creditors, having. ¹⁵³ due regard to any priorities or liens which may have been acquired. Injunction is prayed against the several attaching creditors ; both those who procured judgments of condemnation and such as have cases