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George W. Washington vs. J.B. Slaughter, Trustee, etc.: Chancery Cause, King William County (Part 2 of 2)

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42 Washington v. Slaughter, Trustee, &c.

Banking and Insurance Company, on the interest bearing side of said bank, subject to the future order of the court. A copy - teste, O.M. WINSTON, Clerk.

Hon. James M. Jeffries, Judge Circuit Court of King William page 76 } Humbly complaining, showeth unto your honor, your orator, George Washington, of West Point, the following case. January, 1874, an injunction was grated your orator, to restrain and enjoin J.B. Slaughter, trustee, and B. Starke, assignee of B.N. Robinson, bankrupt, from selling lot No. 186, at West Point, for reasons as stated in the original bill now filled in your honorable court, in the suit of George Washington against J.B. Slaughter, trustee, and B. Starke, assignee, which this bill is filed as an amended bill to said original bill. At the last term of the Circuit court the original suit came up before your honor, on the bill and answer and exhibits, and the said injunction was dissolved: and your orator makes to your honor a frank statement of facts why the said suit was not attended to in your honorable court at the last term.

page 77 } When your orator obtained the judgment above referred to, he was advised that the proper court to adjudicate all questions raised on the bill, was the Circuit court of King William, and your orator acted accordingly; after that "injunction" was granted, your orator was advised to obtain an injunction in the United States court, from the fact that B.N. Robinson was bankrupt, and that B. Starke, assignee, was settling up the estate in said United States court, and all the questions could properly be adjudicated, and at your last term this injunction in said United States court was pending and undetermined, and your orator did not attend to injunction in your honorable court, being advised that it would be all right to rely on the court where the assignee was settling his matters. When the case was taken up in the United States court, a pure legal question was raised, to wit:

page 78 } "The jurisdiction of the United States court, in said injunction, from the fact that the Circuit court of King William had first taken jurisdiction." The U.S. court decided that the Circuit court of King William must retain jurisdiction, as it had it originally; and your orator is at the mercy of the parties defendants, unless your honor will interfere and renew and reinstate the injunction your honor dissolved on April 21st, 1874,

Washington v. Slaughter, Trustee, &c. 43

at the April term Circuit court. So much for your orator's apparent negligence in not attending to said suit in your honorable court. In addition to the facts as stated in the original bill, your orator has additional reasons why a court of equity should interfere, and have all the questions raised by all parties adjudicated. First. Your orator has stated in the original bill that he has been ready and willing to pay off the original bill that he has been ready and willing to pay off the original purchase-money for lot No. 186; but since that bill has been filed, your orator has obtained information that the petitioner in the original suit, Vernon P. Jones, claiming that page 79 } he ought to be reimbursed, trom the fact that he has paid off the forthcoming bonds, said Robinson gave said Jones a bill of sale, which was recorded in the clerk's office of New Kent county, securing a large amount of personal property. Copy of said bill of sale is herewith filed, marked "A," and prays may be taken as part of this bill.

Second. Your orator has been in quiet possession of said lot of land, under an undisputed right, for upwards of fifteen years, under the provisions of the Code of 1873, page 997, chap. 145, 1.

Third. Your orator has discovered that he can force the contract made between himself and Mr. B. N. Robinson, in which said page 80 } (orator) bargained, sold and put your orator in possession of said lot 186, and that your orator has paid said Robinson in full long before the execution of said trust deed to J. B. Slaughter, and long before any judgements against said B. N. Robinson; to-wit: as early as 1859.

Fourth. You orator is advised, and so charges the fact to be, that the West Point Land Company should be required to make your orator a deed for said lot 186.

Fifth. Your orator can show the whole transaction between B. N. Robinson and your orator. Mr. Robinson admitting on several occasions to divers persons, that he had no interest whatever in lot 1863 but that said lot was your orator's, and had nothing to do with it. Certificate of Tho's J. Christian, filed, marked "B," and prays may be taken as apart of this bill.

Sixth. Not only has your orator paid Mr. B. N. Robinson in full page 81 } for lot 186, but he has against said Robinson large amount due and unpaid, which he has oftentimes promised to pay, but failed so to do.

Seventh. Your orator has made great improvements on lot 186, and if your orator should fail in obtaining said lot under a contract with Mr. Robinson, your orators claims that he should have compensation for the large amount of improvements he has put on said lot 186. See certificate of Washington Fields and James Harris, marked "C." Your orator prays that this amended bill be consid-