clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 23   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

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.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 23   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives