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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 57   View pdf image (33K)
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STRIKE'S CASE. 57

which to the said claimant's solicitor, the register is hereby directed
to draw a check.

The trustee, Brewer, appealed from the order of the 29th of
August, 1825; and under the name of the case of Nicholas Brewer,
vs. Charles W. Hanson, and others, on the 2d of July, 1828, the
order was affirmed.

STRIKE'S CASE.

On a bill by a creditor, on its being shewn, that certain conveyances, by the debtor
defendant to the other defendant, were executed for the purpose of defrauding the
creditors of the debtor defendant, and without bona fide consideration; they were
by decree declared to be void, as against the complainant, and the property ordered
to be sold.

It was held, that, by such a decree, the plaintiff's claim must be taken to have been
established; that the property directed to be sold was to be dealt with in that suit
as if those annulled deeds had never existed; that the proceeds of sale must be
brought into court; and that a reservation of " all equities as to the distribution of
the proceeds of sale, are reserved by the" court for hearing, on the trustee's report,

on bringing into court the money or securities arising on the sale," cannot be so
construed as to abnegate any matter which had been thus decided. But, it was
held to be proper matter of further direction, under such a decree, in the first
place, that the legal interest on the plaintiffs debt was to be computed and allowed;
secondly, that an account was to be taken of the rents and profits of the property
sold; thirdly, that the claim for meliorations and improvements was to be consid-
ered and determined; and lastly, where other creditors were permitted to come in,
that their respective claims were to be adjusted, allowed, or rejected.

To what extent mesne profits may be recovered at common law, or in equity. A
bona fide holder, without notice of any defect in his title, may be allowed for
improvements; but a fraudulent holder, or a mala fide meddler, can have no such
allowance made to him. The allowance for improvements, where it can be made,
may be set off against the claim for rents and profits.

It is not necessary, that the bill should expressly state, that the suit has been insti-
tuted as well for the benefit of other creditors as of the plaintiff", to have it considered
as a creditors' suit. It is enough, that the case is, in its nature, a creditors' suit.
The mode in which other creditors are called, and allowed to come in; and the manner
of authenticating their claims. Against such claims the statute of limitations may
be relied on by any other creditor as well as by the plaintiff, or a defendant.

A creditor can in no case be suffered to split up his claim so as to multiply sui ts; nor
can he, after the decree, be allowed to bring in any new and additional claim.

All objections to the testimony are open, and may be made at the final hearing.

Agreements between solicitors and suitors, relative to professional services, must be
enforced like other contracts; and cannot he introduced into and settled as a part
of the case.

No order or decree of a County Court can, after the case has been removed, be
altered or reversed by the Court of Chancery.

This bill was filed, in Baltimore County Court, on the 25th day
of February, 1817, by William McDonald, against John Rogers and

8

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 57   View pdf image (33K)
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