Morrison Waite

“ From an affidavit of that receiver, filed in support of our jurisdiction, it appears that he has already realized more than $5,300, which has been paid into the registry of the court, or for which he is accountable. ”

“ The suit was brought, not only to defeat the attachment of Bickham & Moore, but to establish the assignment, and make it available for the payment of the preference in favor of Estes & Doan to the extent of $10,000, if the assigned property produced that sum. It has produced $5,300, and there is nothing to show that more may not be realized from it hereafter. Spain, the trustee, is a party to the suit, and the effect of the decree is not only to prevent him from paying to Estes & Doan the amount claimed by Bickham & Moore under their attachment, but anything besides. ”

“ While the property taken under these attachments was in the hands of the sheriff, Estes & Doan, on the seventeenth of April, brought this suit against Spain, the assignee, the several attaching creditors, and the other preferred creditors, to enjoin a sale of the property under the attachments, to have a receiver appointed to take charge of the property, and convert it into money pending the suit, to have the assignment declared valid with its preferences, and for a payment to Estes & Doan of the $10,000 to which they were entitled according to its terms. ”