Page:Federal Reporter, 1st Series, Volume 8.djvu/34

20 FEI>EBAL BEFOBTBB. �ing, and a copy of Which is exhibited with the petition. This agree- ment provides for the sale of thefarm at $25,000 — �" ihe said Pierce issuing for the payment of same notes falling due within one year, at intervais, at such time as the said Sharpe œay prescribe — the said Pierce to pay 8 per cent, interest annually; and the said Sharpe further agrees to net push the payment of said notes at any time unless the said George W. Pierce at any time should be sued ; or if at any time suits should be threatened against the said Pierce, then the said Sharpe will be free to act in any manner he may choose for the recovery of his notes or money. The said Pierce agrees to give the said Sharpe judgment notes authorizing any attomey at law to confess judgment in favor of the said Sharpe, whenever the said Sharpe deems it his interest so to do." �It is alleged in this petition that, for the purpose of evading the provision in this agreement providing that Sharpe would not push the payment of said notes unless Pierce should be sued, Sharpe caused and procured the firm of H. B. Claflin & Co., of New York, to whom he was largely indebted, to sue Pierce upon a claimfor $1,100, which would not become due for nearly three months thereaf^^r, and then Sharpe caused judgment to be entered by confession against Pierce on said notes, and executions to issue thereon, and to be levied upon the entire stock of goods of said Pierce at Lancaster, which he is about to sell for the satisfaction of the same, being not more than enough fherefor, and the said Pierce being insolvent and having no other property or means of payment. The petition then sets out the bringing of the action at law for the recovery of damages for the deceit, and the issue and levy on the same stock of goods ; of the order of attachment against Pierce, but that the same will be of no avril unless Sharpe 's levy should be postponed, as in equity and good con- science it ought, to the levy by complainants of their order of attach- ment. The plaintiffs therefore pray that the claim of Sharpe against Pierce, and the levy of the executions on said judgments upon said stock of goods, be adjudged fraudulent and void as against the plaintiffs, and be postponed in payment to the attachment of the plaintiffs, and that the defendant Sharpe be enjoined from making any sale of said property under said executions, and praying for a receiver to sell said property and bring the proceeds into court to abide the judgment in the cause, and praying also for general relief. �On the day of filing this petition a restraining order was granted by a judge of the court of common pleas, as prayed for, and the sum- mons and restraining order were served upon the defendants, as in -the other case in Montgomery and Fairfield counties, respectively. �On December 8, 1880, Augustus Sharpe filed in this suit bis mo«  ��� �