McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)
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Mr. Flannery relies very much upon the fact that the girl Matilda was actually sold to pay the debt known as the "Canute debt" - The sale which was made was made after the commencement of this suit. Wm McCormick having come into a court of equity had no right to assume to himself the powers of the Court. Having appealed to equity - he ought to have awaited the result. The sale made by him does not affect the question at all. The court can do full justice to the Showalters by transferring to them the lien which Wm McCormick had. They are in fact but assigners pendente lite of Wm McCormick's equitable mortgage. Mr. Flannery seems to think that I have appealed to the court to stick to its former decree, because it had made the decree - I take no such position. I have endeavored to show that the former decree was right - at least if there was one, that it was against my client. And it is because the law and the facts sustain the former decree of the court, that I came to the conclusion that it ought not to be changed. As to the appeal which Mr. Flannery makes in behalf of his clients, whose father he says bought Matilda from her true owner. I have only to say that Mr. Flannery, when he comes to the pathetic, is forced to