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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 200   View pdf image (33K)
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200 HIGH COURT OF CHANCERY.

tained his final discharge; his son George H. Williams be-
ing appointed his permanent trustee. At the time of said
application, the insolvent in his schedule stated, that he held
one hundred and seventy-five shares of the stock of the Savage
Manufacturing Company; of which, fifty-five shares were un-
incumbered, eighty-five were mortgaged to Birckhead and
Pearce, and thirty-five were mortgaged to Martha Weld. The
unincumbered shares were sold by the trustee at public sale,
and those mortgaged to Birckhead and Pearce were advertised
for sale, though no sale of them was made; and the interest
of the mortgages in them was subsequently assigned to John
S. Gittings. A bill was afterwards filed by the wife of the in-
solvent, claiming seventy-five of the last mentioned shares as
having been purchased with her money, and placed to the credit
of John Hawkins, (whose administrator united in her suit,) in
trust for her benefit; and a decree was passed in said cause in
her favor. This claim was resisted by the present complain-
ants, who also filed their bill against said Elizabeth Williams
and others, for the suspension of the proceedings instituted by
her, and seeking to enforce claims which they professed to hold
against the insolvent, out of the said mortgaged shares; on The
ground, that the said shares were bought by the insolvent with
his own money, and although conveyed by him to said Hawkins,
for the use of his wife, he had done this to defraud his creditors,
and had himself always exercised acts of ownership over the prop-
erty. The. claim of said complainants having been resisted,
and finding it necessary to examine George H. Williams, the
permanent trustee, one of the defendants, and to have the books
and papers of the insolvent, who was not a party, produced by
said trustee, in whose possession they were, they petitioned for
an order for that purpose, which was granted at first, but was
subsequently suspended, as to the production of the books and
papers, and the matter of the petition set down for hearing.
Upon which the Chancellor delivered the following opinion :]



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 200   View pdf image (33K)
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