KIPP v. HANNA.— 2 BLAND. 23
When such a conveyance has been so vacated, then all other creditors may
come in for satisfaction, in fall, or in due proportion, (c)
The holders of property under a fraudulent conveyance, accountable for
the rents and profits of it, from the time it was so unjustly withheld
from the creditors, (d}
THIS bill was filed on the 26th of February, 1820, by John Kipp
and Amos Brown, against Alexander B. Hanna and Sarah, his
wife, William Warner, Sarah Hanna, Jr., Mary Hanna, Andrew
Hanna, John Hanna, Robert Hanna, Paul Jacquin, Andrew Hall,
Thomas Tyson, and Frederick G. L. Burning. The bill stated,
that the defendant Alexander, being entitled to, and in possession
of a chattel interest in a house and lot, in the City of Baltimore,
conveyed it to John P. Boyreau, who conveyed it to the defend-
ant *Paul Jacquin, to secure the payment of the sum of
11,346.50; after which Boyreau conveyed it to the defend- 27
ant Frederick G. L. Burning, to secure the payment.of $663; after
which Boyreau reconveyed it to the defendant Alexander B. Hanna;
that on the 22d of July, 1817, the defendant Alexander, being
largely indebted to sundry persons, and intending to defraud his
creditors, and to secure this chattel real for the benefit of himself
and family, fraudulently, and without a sufficient and lawful con-
sideration, made a conveyance thereof to the defendant William
Warner, in trust, for the separate use of his wife, the defendant
Sarah, during her life, and after her death to his five infant chil-
dren, the defendants Sarah Hanua, Jr., Mary Hanna, Andrew
Hanna, John Hanna, and Robert Hanna; that on the 26th of De-
cember, 1818, the defendant Alexander, applied for the benefit of
the insolvent laws; and these plaintiffs were, on the 11th of Feb-
ruary, 1819, appointed his trustees, and so became entitled to all his
property, in trust, for the benefit of his creditors; that the defend-
ant Jacquin, on the 28th of December, 1819, applied for the bene-
fit of the insolvent law; and the defendants Hall and Tyson, were
appointed his trustees; that both of the liens, or incumbrances, of
the defendants Jacquin and Burning, have been fully satisfied
with money, provided by the defendant Alexander; but have been
kept on foot the better to conceal his fraud: and that the defend-
ants Andrew Hanna and Frederick G, L. Burning do not reside in
this State. Whereupon the bill prayed, that the chattel real might
be delivered up, and sold for the benefit of the creditors of the
provided it 'was executed with the design of defrauding those who should
thereafter become creditors.
(c) Cited in Waters v. Dashiell, 1 Md. 470. But in Williams v. Banks, 11
Md. 198, it was held that where a voluntary deed, riot fraudulent in fact, at
the time of its execution is set aside at the suit of antecedent creditors, sub-
sequent creditors cannot be allowed to participate in the distribution of the
fund; otherwise where there is fraud in fact.
(d) Cited in Waters v. Dashiell, 1 Md. 473.
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