Smith v. Higgins

This was a bill in chancery, brought by Benjamin Smith against Benjamin1 Higgins and Joseph Ogle, for an accounting, for an injunction to restrain the prosecution of a suit at law, and for a partition of certain real estate. The facts, as shown by the pleadings and proofs, are these : In October, 1886, Russell Hinckley was indebted to Higgins in the sum of §11,700, to Ogle in the sum of $10,000, and to Smith in the sum of $2728. Hinckley was then insolvent, and had executed a voluntary assignment of all his estate for the benefit of his creditors. The property thus assigned was of great…