Ex parte Foster

STORY, Circuit Justice.

This is the case of an application by Foster, a petitioner for the benefit of the bankrupt act of 1S41, e. 9, against William Appleton and others, who were severally attaching creditors, some of whose attachments were made upon his personal estate and others upon his effects in the hands of his debtors under the trustee process, before the date of the petition, Fos*512ter not having as yet been declared a bankrupt. because the time has not yet arrived, when the petition is to be heard in the district court. The petition, which is on the equity side of the court, seeks…