Wright v. Kuhn

Goldsborough, J., delivered the opinion of this Court: This case presents the double aspect of a regular proceeding in the Circuit Court for Frederick County, disposing of the rights of creditors against an insolvent debtor to a fund in insolvency, and pari passu entertaining a petition by agreement followed by many of the characteristics of a bill in chancery. William S. Gittings was appointed trustee oí Anthony Wright, who petitioned for the benefit of the insolvent laws on the 14th day of September 1858; while acting in the ⁴²⁴ capacity of trustee, Gittings took possession of certain negroes named in the record, as the property of Wright the insolvent. When Gittings was about to sell these negroes, the appellant came forward and claimed them as her property, but by the agreement set out in the record, the trustee was permitted to sell them and bring the proceeds of sale into Court for distribution according to the rights of the parties interested therein, without prejudice to the claims of the appellant, and the mode of taking proof was also set out in the agreement. This agreement is prefaced as follows: “In the matter of the estate of Anthony Wright, an insolvent debtor.” If it be claimed that appellant had a right to resort to a Court of Equity to adjust her claim, it may be answered that equity will not interfere where the party has an adequate remedy at law, and that the appellant had such remedy by an action of trover or replevin, cannot be doubted.

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