
    James F. Sloane, Adm’r, et als. v. J. G. Williamson et als., and Hansboro et als. v. J. G. Williamson et als.
    
    Attachment. Priority. Where one creditor by bill ill equity seeks to set aside a sale of bis debtor’s property as fraudulent, and attaches the property, and another creditor in'oceeds by subsequent bill for the same purposes, but in addition attaches the purchase money due on the sale, and prays relief against the purchaser if the sale is found to be fair; on holding the sale fair, the latter creditor will have a prior right to the fund . over the first, who only attached the property.
    EROM CARROLL.
    Appeal by respondents from a decree of the Chancery Court at Huntingdon, bolding the conveyance attached void; February Term, 1871. John Bombes, Cb.
    Bill of Sloane et als. filed February 11, 1868.
    Of Hansboro et als. filed June 1, 1868.
    Josiah B. Hubbabd for complainants Sloane et als.
    
    B. P. Bains for complainants Hansboro and others.
    Jos. B. Hawkins - for respondents (purchasers.)
   Tubney, J.,

delivered the opinion of the Court.

In this case the complainants have failed to make out the fraud in the sale from J. G-. Williamson to his sons.

The bill of Sloane is based upon the single proposition of such fraud; the bill of Hansboro proceeds first upon the idea of fraud, and if that be not established, that the remainder of purchase money due the father from the sons be attached and applied to pay his debt. This gives him priority as to the unpaid purchase money.

The cause is remanded to ascertain the balance due, after which, unless the purchaser pay the amount into the office of the Clerk and Master within two months, the land, or a sufficiency of it, will be sold to make the payment, which will be applied first to the debt of Hansboro, the remainder to J. Q-. 'Williamson. The complainants will each pay such costs as have accrued in Ms case.

The decree of the Chancellor is reversed.  