22 KIPP v. HANNA.—2 BLAND.
count B, reported by the auditor to the Court of Chancery, on the
20th September, 1826, be, and the same is hereby confirmed, and
all other accounts and statements inconsistent therewith, are here-
by overruled. And that Griffith, the plaintiff in error, pay to Craps-
ter, the defendant in error, the sum of six hundred and three
dollars ninety-three cents, with interest on four hundred and
seventy-five dollars and seventy-one cents from the 19th Decem-
ber, 1825, until paid.
* And forasmuch as a sale of the three negroes Alfred,
26 Cuffee and Eliza, in the proceedings mentioned, is necessary,
it is decreed, that a sale of said negroes be made, as directed by
the decree of the Chancellor, and upon such terms as are pre-
scribed in said decree, or may be prescribed by the Chancellor, in
any future order. That the Chancellor from time to time, pass
any order in the premises which may be necessary, in order to a
sale of said negroes, and distribution between the parties, of the
proceeds of sale, after deducting all necessary expenses incurred
in making the sale. And that in the account hereafter to be stated,
relative to the proceeds of sale of said negroes and distribution
thereof, the Chancellor shall allow to the defendant in error, Ins
proportion of the just value of the services of the said three ne-
groes, from the 19th December, 1825, until the plaintiff in error
shall deliver up said negroes.
KIPP v. HANNA.
CHANCERY PRACTICE.—VOLUNTARY CONVEYANCE WHEN VOID AS TO CREDI-
TORS.
A feme covert defendant attached for not answering. The bill amended so
as to charge, that an infant defendant had attained her full age, that she
might be compelled to answer as an adult. Where there is a plurality
of defendants, and a commission, with consent of some of them only,
has been issued, the testimony so taken cannot be read against those who
had not consented to the issuing of the commission.
The rule is, that a voluntary conveyance must be deemed void, as against
creditors, where the grantor could not, at the time, have withdrawn the
amount from his estate, without hazard to his creditors, or materially
lessening their prospects of payment, (a)
None but those who were creditors, at the time, can sue to have a volun-
tary conveyance set aside as fraudulent, (b)
(a) Cited in McLaughlin v. Bank, 7 Howard, 238. See Worthington v.
Shipley, 5 Gill, 449, notes.
(b) Denied in Williams v. Banks, 11 Md. 247. And in Mathai v. Ingraham,
57 Md. 483, it was held that a voluntary conveyance, made by a party
solvent at the time may be impeached and set aside by subsequent creditors,
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