Page:Federal Reporter, 1st Series, Volume 6.djvu/791

 BHAINWALD V. LEWIS. 779 �that the court wili now, where a. Bequq8,tration bas been ordered to enforce a decree for the payment of money, order the eequestrators to apply what they have received, by virtue of the sequestration, in satisfaction of the decree. When, there- fore, the aid of equity was invoked in behalf of an unsatisfied judgment crediter, and it was settled that ail bis property, choses in action, debts due bim, etc., could be reached, the order for the appointment of a receiver, and for the compul- sory assignment to him by the defendant of ail his property, was in entire accordance with the ancient usages of the court of chancery, when compelling obedience to its own decree. �The counsel for the defendant insists with much earnest- ness that the bill under consideration is identical with an ordinary creditor's bill, and is to be treated precisely as if brougbt in aid of an unsatisfied judgment ai law. But in such case chancery bas no jurisdiction of the original demand. It can only interpose after the demand bas been established at law, and after it bas been shown by the return of an execu- tion unsatisfied that the complainant is remediless at law. But in the case at bar the original suit was of equity cogni- zance. The decree was obtained in this court ; and perhaps a writ of sequestration might have issued at once upon the failure of the defendant to comply with the decree, as it certainly could have done if the decree had been for the specifie per- fermance of some act. Equity rule 8, Bup. Ct. However this may be, no doubt can, I think, be entertained as to the power of the court to arrest and baffle the defendant, who bas already been adjudged guilty of a flagrant fraud in his attempt to consummate it and secure its fruits, in avowed defiance and contempt of the court. �Says Mr. Chancellor Walworth : "Where such a fraud bas been actually committed by a debtor, where be bas inten- tionally placed or even left that property, which ought to have been devoted to the payment of his bonest debts, in the banda of a tbird person, with a view to evade the justice of the law, and this court, by its ordinary course of proceedings, can reacb such property without doing injustice to any, it does not deserve the name of a court of equity if it bas not juris- ��� �