M’O0RMACK 12. JAMES. 15
therein named, a preference being given to David E. James, to whom
he owedone bond of $2,226, and some other smaller amounts. This
deed was duly admitted to record in the clerk’s oflice of the county court
of Smyth county on the day of its execution, April 25, 1861. In March,
1862, said,David E. James assigned his interest in said trust deed to
Henry.Horne; and in May, 1863, the said Hansford James, the grantor
in the deed of trust, sold the said tract of 280 acres of land to the plain-
tiff, Micajah McCormack, at the price of $7,500, in Confederate currency,
of which sum said McCormack paid cash $6,500, and executed his bond
tor $1,000., payable two years after date, the date being May 9, 1863.
Said McCormack was put in possession of said land in the fall of 1863,
and remained in possession thereof until June 24, 1870. On the 30th
day of May, 1868, the said Hansford James Bled his petition in bank-
ruptcy, and was adjudicated a bankrupt thereon. In his schedules in
, bankruptcy said Hansford James surrendered the said tract of 280 acres
of land on which the deed of trust to Ward was given, and which he had
sold to Micajah McCormack in 1863; and in November, 1868, said land
. Was sold by G. J. Holbrook, the assignee in bankruptcy of said Hans-
yford James,.and at said sale David E. James, the preferred creditor in
the deed of trust_ to Ward, became the purchaser at the price of $1,500.
. ln November, 1868, Micajah McCormack Bled his bill before Hon. J our:
C. Umnmawoon, United States district judgefor the district of Virginia,
praying for an injunction against the assignee of Hansford James, bank-
. jrupt, and said David E. James, from furtherproceedings in said sale to
David E. James, and that a title be decreed to said McCormack for said
land. Onthe 9th of December, 1868, a restraining order was awarded,
_ as prayed for in the bill. To this bill Hansford James, David E. James.
and G. J .·H0lbrook, assignee in bankruptcy of_ Hansford James, Bled
, their answers, but on the 24th0f November, 1869, the injunction granted _
;.December 9, 1868, was dissolved. _ On the 24th of June, 1870, an or-
der was entered declaring David E. James entitled to the possession of
said land, and ordering the marshal to put him in possession thereof.
q . By an order entered April, 3, 1872, at_ Richmond, the cause was removed
__.into the eourtof the Western district, at Abingdon. On a motion made
November 21,. 1872, to reinstate the injunction, and for a rehearing, the
-_billwas dismissed, with costs to the defendants. November 28, 1874,
» McCormack Bled a bill of review, to which David E. James Bled his an-
aswer, and on the 12th day of June, 1875, the decree of November 21,
, 1872, dismissing McCormack’s bill, was reversed and annulled, and the
injunction dissolved by order of November 24, 1869,was reinstated; the
V sale made by Holbrook,.assignee of Hansford James, bankrupt, to David
. E. James W¤·S Set aside,,vacated, and annulled, and a writ of possession
awarded McCormack for the land. The order says further; r r . ,. y
  "‘It appearlhg tothe court that there is alien asserted against saidlaud by
‘ David E. James. which he `clairnsis prior in date to plaintiff-s purchase, and
‘*·that the lien is still subsisting and valid ;· and itifurther appearing that there
is rstill a balance of purchaeemoney due from the plaintiff, and that he claims
to be entitled to rents and profits for the use of saidlands duririgyther time