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as well as promissory notes and other instruments for securing the payment of money, more than sufficient in amount to pay and satisfy the claim for which the aforesaid judgment in favor of the Dutchess County Iron Company aforesaid was recovered.

That on or about the 5th day of January last past, and while the said John L. Williams was so possessed of such property as aforesaid, he, the said John L. Williams, by an instrument under his hand and seal, executed and delivered to the defendant, Richard F. Clark, a certain instrument of assignment and trust, bearing date the day and year last aforesaid, a copy of which said instrument is hereto annexed and marked Schedule A, and which said copy this plaintiff prays may be referred to, by him, and taken as a part of this his complaint.

That upon the execution of the said instrument, as last aforesaid, he, the said Richard F. Clark, took possession of all of the real estate of him, the said John L. Williams, together with certain of his personal property, books of accounts, claims and demands, notes, evidences of debt and choses in action, and has ever since that time, and still does, pretend to hold the same, and to be entitled to hold and sell and convey the said property, and collect the said accounts, claims, demands and notes and other evidences of debt, for the purposes in said instrument mentioned, and has sold a portion of said property, and collected a part of said accounts, claims and demands, and notes, and paid over a portion of the avails thereof, in accordance with the terms of said instrument.

That the whole amount of the aforesaid judgment, in

1 The substance and terms of assignment will sufficiently appear from the statement in the reported case. ( 5 Selden, 142.)

favor of the said Dutchess County Iron Company, and against the said John L. Williams, is, as this plaintiff is informed and believes, and so alleges, still due and unpaid, except as hereinafter mentioned.

That this plaintiff has become, under and by virtue of the said order, so made as aforesaid, and still is, the receiver of the property, estate, effects and choses in action of the said John L. Williams, and has duly executed the security, as such receiver, required in and by the aforesaid order, so made as aforesaid by the Hon. IRA HARRIS, and filed the same in the office of the clerk of the county of Columbia.

That the aforesaid instrument, so made and executed as aforesaid to the said Richard F. Clark by the said John L. Williams, is fraudulent and void as against the creditors of the said John L. Williams, and particularly as against the aforesaid judgment in favor of the said Dutcþess County Iron Company, and as against this plaintiff as such receiver as aforesaid, and was made with intent to hinder, delay and defraud the creditors of the said John L. Williams of their lawful suits, debts and demands, and was made so to hinder, delay and defraud the aforesaid Dutchess County Iron Company in particular. That, at the time of the

The complaint contained, in this place, the following further allegation, which I have omitted as being clearly argumentative, and a mere statement of the legal effect of the instrument itself, and, therefore, irrelevant:

“That the same is so fraudulent and void, inasmuch as there is not a sufficient description therein of the real estate of the said John L. Williams to pass the title to such real estate, and that no title to any of the lands hereinafter mentioned passed, by the execution of the aforesaid instrument, to the said Richard F. Clark, and that said Clark did not acquire any title or interest in any lands or real estate of which the said John L. Williams was seized at the time of the execution of the aforesaid instrument."

execution of the aforesaid instrument by said Williams to the said Clark, he, the said John L. Williams, was seized and possessed of certain real estate, situate in Columbia county, consisting of the following, to wit, &c. (Describing the property.] All of which said real estate, he, the said Clark, claims has passed to him under the said instrument, so executed to him by the said John L. Williams as aforesaid.

That a portion of said real estate is advertised for sale by the said Richard F. Clark, and that said Clark claims and exercises, as plaintiff is informed and believes, full power, authority and control over all of the aforesaid property, both real and personal, and the effects and choses in action of the said John L. Williams, and claims to dispose of the same, as in and by said instrument is provided, and, as this plaintiff is informed and believes, and so alleges, will so dispose of the same, unless prevented by the order of this court, and to the great injury of this plaintiff as such receiver as aforesaid.

Plaintiff further shows that, as he is informed and believes, and so alleges the fact to be, after the issuing and return of the execution, as above set forth and described, and on or about the 11th day of April, inst., another execution against the property of the said John L. Williams was issued, upon the aforesaid judgment, to the sheriff of the county of Columbia. That, at the time of the issuing of the same, Samuel Bryan was indebted to the said John L. Williams in the sum of $191.35, or about that amount, on account for groceries and merchandise sold by said Williams to him, the said Samuel Bryan, prior to making of the aforesaid assignment by the said Williams to the said Clark, and which said account is one of the demands, due to said Williams, which said Clark claims to be entitled to collect and receive as such assignee ás aforesaid.

That the said Samuel Bryan, upon the issuing of the execution last aforesaid, paid or caused to be paid to the said sheriff the whole amount of the said account, that is to say, the aforesaid sum of $191.35, and took the receipt of the said sheriff therefor, which said sum has been applied by the said sheriff upon the aforesaid execution, last aforesaid named.

That, before the payment of such sum to the said sheriff by the said Samuel Bryan, an indemnity in behalf of the said Dutchess County Iron Company had been executed to the said Samuel Bryan, to hold harmless the said Samuel Bryan of and from all liability in consequence of such payment of the said sheriff.

That said Clark, as plaintiff is informed and believes, and so alleges, still claims the right to enforce the payment of the same to him from the said Samuel Bryan, notwithstanding the payment, so made to said sheriff, sa aforesaid; that in case the said payment, so made by said Samuel Bryan to said sheriff, is a good and valid payment, and is properly applied on said execution, then the balance, the amount of said judgment after the payment of said sum of $191.35, after allowing for sheriff's fees, is all that is due on the same, but if such payment is not properly made or applied, then the whole amount of such judgment remains due and unpaid.

Wherefore the plaintiff demands that an order may be made, restraining him, the said Clark, from granting, selling, assigning, disposing of or in any manner interfering or parting with all and every part of the aforesaid property, either real or personal, which shall or has come to his hands, or which he claims under and by virtue of the aforesaid deed of assignment and trust, or the avails, or the rents, issues and profits of the same, which has or shall come to his hand, and also from collecting, selling,

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assigning, paying over or in any manner parting with any of the books, accounts, notes, choses in action, equitable interests, money or effects of the said John L. Williams, which have or shall come to the hands of the said Clark, or which he claims under or by virtue of the said deed of assignment, or the avails thereof, and from collecting or in any manner interfering with the same.

The plaintiff further demands that the aforesaid deed of assignment, so executed as aforesaid to the said Richard F. Clark, may be adjudged to be void, and that the same may be set aside, and that the said Richard F. Clark may be adjudged to transfer and deliver to this plaintiff all the property, estate, money, choses in action, accounts, interests and effects of the said John L. Williams, or the avails which have or shall hereafter come to the hands of the said Clark, as such assignee as aforesaid, and that the aforesaid judgment of the Dutchess County Iron Company, and all costs which have subsequently accrued under the same in the appointment of this plaintiff as such receiver, as aforesaid, or otherwise, may be satisfied and paid out of such property, interests and effects, or the avails of the same, and that the defendant Richard F. Clark may be adjudged to account for all the property, money, interests and effects, of every name and nature, which has or shall come into his hands, as aforesaid, or for such further or for such other decree or judgment as to the court shall seem meet and proper; and that the said Richard F. Clark may be enjoined also from proceeding to collect the amount of the aforesaid account, so paid as aforesaid by said Samuel Bryan to said sheriff, in manner as above described, and that the said money, so paid as aforesaid, may be adjudged to have been properly paid and applied upon the said judgment and execution.

E. P. COWLES,

Plaintiff's Attorney.

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