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1 D.C. 397

Walker v. Wanton

District of Columbia District Court · decided 1806-07-15

The bill states' that the defendant, Wanton, being indebted to the plaintiffs, agreed -to . assign to the plaintiff, Walker, in trust for himself and the other plaintiffs, so much of his merchandise, as the plaintiff, Walker, should judge sufficient to satisfy the several claims of the plaintiffs.'’ .That it was understood, at the time, that the goods were to be charged to the plaintiffs at the invoice price, with costs and charges thereon.

Decided 1806-07-15

¿Ranch, C. J.,

¶1thought the plaintiffs not entitled to the disco-

¶2very against the other creditors, because the equity of the defendants is equal to that of the plaintiffs, who ought to be left to law to enforce their preference, if they have any.

Fitzhugh, J., and Duckett, J.,

¶3contra. Being of opinion that the plaintiffs had acquired a legal title to the goods, and were therefore entitled to a discovery of the evidence.

¶4The answer of Green was adjudged insufficient, and he was ordered to produce the inventory.

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