KIPP v. HANNA.— 2 BLAND. 31
Kidney v. Coussmaker, 12 Ves. 156, n; Richardson v. Smallwood,
4 Cond. Chan. Rep. 262.
Hence, in this ease, although there are only a portion of the
creditors, represented by these plaintiff's, at whose instance this
bill could have been originated and sustained for vacating this
deed of the 22nd of July, 1817; yet on its being annulled, all the
others must be allowed to come in and partake of the benefit of
the decree; and the proceeds must be apportioned among them in
due course of distribution, according to the provisions of the in-
solvent laws.
The bill also claims an account of the rents and profits of this
property during the time it has been thus unlawfully withheld
from these plaintiffs, under the pretext of this fraudulent convey-
ance. This right to rents and profits, it is evident, arises as a
necessary consequence of the judgment, that this deed of the 22nd
of July, 1817, is void, as against the creditors represented by these
plaintiffs; from whose use, the property has been unjustly withheld
from the time Alexander B. Hanna applied for the benefit of the
insolvent la,ws; at which time all his property vested in these plain-
tiffs, and ought to have been surrendered and delivered up to them
* accordingly, as trustees for the benefit of his creditors. I
shall, therefore, direct that this property be sold for the 36
benefit of all the creditors, represented by these plaintiffs; and
further, that an account be taken of its rents and profits, to the
end, that those who have received them may be ordered to pay-
over the amount to these plaintiffs, to be applied in like manner,
for the benefit of the creditors they represent.
Decreed, that the bill of complaint, as against the defendant
Frederick G. L. Burhing, be, and the same is hereby taken pro
confesso; that the said conveyance in the proceedings mentioned,
bearing date on the 22nd of July, 1817, be, and the same is hereby
declared and deemed to be fraudulent, and absolutely null and
void against the creditors of the defendant Alexander B. Hanna,
for whose use these plaintiffs sue—and that the property in the
proceedings mentioned be sold; that John Scott, be, and he is
hereby appointed trustee to make the sale, &c., &c.
And it is further decreed, that the plaintiffs are entitled to have
and receive, for the use and benefit of the creditors represented by
them, the full amount of the rents and profits of the property in
the proceedings mentioned, from such of the defendants as shall
be found to have held, used and occupied the same, from the 26th
day of December, 1818, when the said Alexander B. Hanna ap-
plied for the benefit of the insolvent laws, up to the time when the
said property shall have been delivered up to the plaintiffs, or shall
be sold by the said John Scott, who has been hereby appointed
trustee to make sale thereof; therefore to enable the Court correctly
to ascertain and specify the whole amount of the rents and profits
|
|