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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 33   View pdf image (33K)
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FARINGER VS. RAMSAY AND EHRMAN. 33
CATHARINE FARINGER,
PERMANENT TRUSTEE OF
JACOB FARINGER,
vs.
ELIZA RAMSAY AND WILLIAM
EHRMAN.
MARCH TERM, 1850.
SAME
vs.
ELIZA RAMSAY.
[RESULTING TRUSTS—FRAUDULENT CONVEYANCES—INSOLVENT LAWS.]
A TRUST which results to the party who pays the consideration money for lands,
is expressly exempted from the operation of the statute of frauds, and the
fact of payment may be established by parol proof.
But though the fact of payment may be shown by parol proof, the evidence
must be so strong as to leave no reasonable doubt upon the subject, because
of the danger of this description of proof, not only as tending to perjury,
but on account of the insecurity to which its introduction exposes the paper
title.
Where a party seeks to avoid deeds as fraudulent under our insolvent system
he must allege in his bill and prove, that the grantor was indebted at the time
of the execution of the conveyances sought to be vacated, and that the deeds
were made or caused to be made by him with a view or expectation of taking
the benefit of the insolvent laws.
Where a party seeks to avoid deeds as fraudulent under the statute of Eliza-
beth, he must also allege and prove the existence of creditors at the date of
the conveyances, or that the grantor contracted debts subsequently, in re-
spect of which the deeds would be regarded as fraudulent.
[These cases originated in the equity side of Baltimore County
Court. The bill in the first case was filed on the 3d of July,
1849, and alleges that Jacob Faringer, sometime in the year
1849, applied for the benefit of the insolvent laws, and that on
the 11th of June, 1849, the complainant was appointed his per-
manent trustee, the said Jacob having in the mean time de-
parted this life. That the complainant was lawfully married to
said Jacob in the year 1829, by whom she had six children,
five of whom are now living, and have been supported by the
complainant since the 20th of June, 1841, when the said Jacob,
without fault on her part, left her and went to live with one
VOL. iv—3

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 33   View pdf image (33K)
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