Greenleaf v. Queen

APPEAL from the Circuit Court of the county of Washington; the appellant having been complainant, in a bill in equity, filed 31st December 1819, in the Court below, against Washington Boyd, trustee of Charles Minifie.

The objects of the bill, were to make void a contract made by the appellant, for the purchase of certain lots of ground, in the city of Washington, being the estate held in trust, for the creditors of Charles Minifie-that certain collateral securities, delivered by the appellant, with his note for 3,815 dollars, being for the purchase money of the lots of the trustee, should be returned; and that the note should be cancelled and surrendered that a release should be executed, of the judgment at law obtained by the trustee, on the note, and for a perpetual injunction and general relief, &c.

Upon filing this bill, an injunction was granted, until further order of the Court; and, after various proceedings, the following decree was made:--

Greenleaf

vs.

Washington Boyd, and others.

In Chancery, April Term, 1824.

'It is ordered by the Court, in this cause, that the trustee appointed by the order of January 21st 1823, make and execute a good and sufficient deed to James Greenleaf, for the property sold to him by the former trustee, Washington Boyd, according to the terms of that sale; to be approved by one of the judges of this Court, and filed with the clerk, to be delivered to the said Greenleaf, upon the payment of the purchase money; and that he also obtain and file with the clerk, a sufficient deed of release, from Zachariah Walker, to be approved of by one of the judges of this Court, to the said James Greenleaf, releasing all title and claim to any and every part of the lots and property of the said Charles Minifie, sold by Washington Boyd, as trustee, or mentioned in the aforesaid deed of the trustee, Richard Wallack, to James Greenleaf; and that, upon the said deed, and the said deeds of release being executed, signed, approved, and filed, as aforesaid, that then the injunction be dissolved, and the trustee authorized to proceed in levying and collecting the amount of the judgment, for the purchase money, as mentioned in said bill. And the original bill, and bills of revivor, having been set down for hearing, upon the bills, answers, and exhibits, and all the proceedings in the cause-it is, by the Court, on this 15th of December 1824, decreed and ordered, that the said bill be dismissed with costs.

'And it is hereby further ordered and decreed, that, before proceeding in collecting said purchase money, a good and sufficient bond shall be executed, in the penalty of 500 dollars, by any one or more of the creditors, with security, to be approved of by one of the Judges of this Court, conditioned to indemnify the said Greenleaf, his heirs and assigns, from all claim and demand of Francis Jameson, his heirs and assigns, to any part of the lots or property mentioned in the deed of the said Wallack, to said Greenleaf; which may have been purchased by the said Jameson, at the sale of the said Boyd, and filed with the clerk of the said Court.'

By order, WILLIAM BRENT, Clerk.

15th December 1824.

From this decree, the complainant appealed.

The opinion of the Court, delivered by Mr. Justice Washington, fully states all the matter of the case.