Charlesworth v. Smith

Plaintiff appellant, James Charlesworth, was a judgment creditor of William Charlesworth, and by his complaint attacked the validity of the judgment of another creditor of William Charlesworth, W. Gr. Smith, with the object of obtaining the sum of $2,516.75 to apply towards satisfaction of his judgment. This latter amount represented the share of William Charlesworth in the proceeds of a partition sale, on deposit with the clerk of the court. On motion, the complaint was dismissed for want of equity and plaintiff appeals.

Although a concise statement of the factual situation is difficult, the…