Page:Federal Reporter, 1st Series, Volume 4.djvu/525

 WOOD V. WBIOHT. 5H �Upon the undîsputed facts of the case, there was neither absence nor other impediment to his proseeution, within the meaning of the statute. The prisoner has at ail times been within the jurisdiction and amenable to justice, if the charge against him is true. Therefore he is entitled to be disçharged. The facts are such that, if brought to trial, he cannot possibly be found guilty or punished by court-martial for the deser- tion. If, on the facts, a question could arise whether the prisoner had, as a matter of fact, been absent from the juris- diction, or, by reason of other impediment, had not been amenable to justice, then it might, perhaps, be the proper province of the military court and not of this court on habeaa corpus to determine that question. But the fact not being disputed that he has resided in the city of New, York con- tinuously ever since his desertion, the court-martial has noth- iag to try, and his arrest for this cause is illegal. �Petitioner disçharged. �KoTE. Notice has been flled in the United States circuit court of an application to be made by the military authorities of Govemor's Island, through the judge advocate general, to Judge Blatchford for an appeal against the above order. ���WooD, Ex'x, V. Wkight, Assignee. (Circuit Oourt, D. Indiana., 1880.) �1. AssiOHEE ra BAiîKRtrpTCT — JuDGMBNT Cbeditob. — An assignee in bankruptcy has a prior equity to a judgment creditor, where, under adverse proceedings, and through superior diligence, he has acquired land from the bonafide purchaser of the bankrupt's voluntary grantee'. �In Equity. �Dkdmmond, C. J. This is a bill filed to determine the priority of lien between the plaintiff and the assignee of the bankrupts to a certain tract of land in Wells eounty, -which originally belonged to one of the bankrupts, J. B. Julian; �The facts out of which the controversy arise are ëubstan- tially these: Julian sold the land to the other bankrupt ����