
    *Ogg v. Randolph et al.
    Spring Vacation,
    1809.
    Equity Practice —Levy on Tobacco in Public Warehouses. — The aid of a Court of equity is necessary and proper in assisting process of execution levied on tobacco in public warehouses.
    The bill in this case was filed to assist the plaintiff in executing his process of execution, which had been levied on some tobacco of the defendant Randolph’s, in one of the public warehouses, as there appeared to be a well founded apprehension, that he might demand his notes for the same, of the inspectors, who by law would be compelled to deliver them; and, therefore, an injunction for their indemnity was awarded, upon the condition that the plaintiff would consent to a sale of the tobacco, and a deposit of the proceeds in the bank. This was consented to. The defendant Randolph’s answer stated that a previous sale of all his goods, including the tobacco, had been made to William Fleming, to indemnify him as a security, and referred to the deed, which had but one witness to it, and was not recorded, nor was there any other proof of it than the affidavit of the witness thereto. The cause came on to be finally heard.
   By the Chancellor,.

The deed not having been recorded as prescribed by law, as to creditors, is as to them, clearly void: the injunction must be made perpetual, and the plaintiff allowed to take the proceeds of the tobacco out of bank.

The defendant Randolph to pay costs.  