Page:Federal Reporter, 1st Series, Volume 6.djvu/778

 766. FEDERAL REPORTER. �Shainwald, Assignee, etc., v. Lewis. �{Diatriet Court, D. California. March 30, 1881.) �1. Equitable RiœLiEP— Execution— Injunctiou—Rbcbiver. �Where a decree in equity is obtaihed against a defendant forasum of money, and execution bas been returned unsatiafled, a court of equity bas jurisdiction of a bill alleging that the defendant bas secreted bis property, and is disposing of the same with the avowed intent of defrauding the complainant, and depriving bim pf the fruits of his decree, and praying an injunction and receiver. It is not necessary in such a bill to particularly deacribe the assets, whether equitable or iiot, sought to be reached, and a court of equity will issue an injunction, appoint a receiver, and compel an assignment of ail the property of the defendant, when such action is necessary to defeat the fraudulent designs of the defendant. �2. Sequestkatiok. �Quœre, whether, upon such a showing to the court by petition in the original suit, a writ of sequestration may not issue. �S. Ikjckction — Crbditoe's BilI. �Quœre, whether, under such an original decree, and upon the showing above mentioned, the court bas not the power to issue an injunction, and malie an order for a receiver and assignment, without requiring the complainant to file a so-called creditor's bill, or to wait for the return of an execution unsatisfled. �In Equity. Motion to Eevoke Appointment of Eeceiver. �James L. Crittenden, for plaintiff. �Belos Lake, for respondent. �Hoffman, D. J. On the fifth day of NoTember, 1880, a decree was entered in.this court against the above-named respondent, by whioh he was adjudged to have obtained pos- session of the funds of the bankrupt firm, of which the com- plainant is assignee, by fraud and collusion, and by means of fraudulent and collusive judgments against the firm founded on fictitious debts. He was, therefore, decreed to be a trustee for the complainant of ail such funds, and was required to pay over to the complainant the amount thereof as ascertained by the decree. On this decree an execution was issued and returned unsatisfied. A bill was thereupon filed by the com- plainant setting forth the previous proceedings in the cause, and averring that respondent had procured a homestead to ��� �