230 HIGH COURT OF CHANCERY.

plied for the benefit of the insolvent laws, and one Gabriel H.
Duvall was on that day appointed trustee, for the benefit of his
creditors; gave bond as such, and received a deed from the
said Sevier: although no property whatever was returned in
the schedule of said Sevier at the time of his application, and
none, in point of fact, ever came into the possession of his
trustee. On the 16th of September, 1846, John T. Hodges
filed an amended bill against Sevier and wife, and the said
Duvall, alleging, "that subsequent to the date of the mortgage
to him, the said Sevier had conveyed, or assigned, all his re-
maining interest or equity of redemption in the said mortgaged
premises, to the said Duvall, as his trustee, under the insolvent
laws, the benefit of which the said Sevier then proposed to
take, and praying such relief against the said defendants, as
was prayed in his original bill, and the answers having been
filed admitting the facts as stated, the cause was so proceeded
in, that on the l8th January, 1847, a decree was passed for the
sale of the mortgaged premises, Duvall, the trustee, uniting
with the solicitor, for the said Hodges, in a request that the
same might be signed. On the 15th February, 1847, the com-
plainants, Duvall and Saussar, purchased from the trustee ap-
pointed by the said decree, the houses and lots in the city of
Annapolis, mentioned in the said mortgage, complied with the
terms of sale, and entered into possession thereof.

It having become necessary, from lapse of time, the defend-
ants, Speed and Pennington, caused a scire facias to be issued
on their judgment, against Vachel Sevier, the defendant therein,
returnable to October term, 1845, of Anne Arundel County
Court, and while proceedings upon their scire facias were still
pending—before a fiat was obtained thereon, and before the
final ratification of the sales made, as aforesaid, to the said
Duvall and Saussar, viz. on the 29th April, 184,7, filed in the
case of Hodges vs. Sevier and others, their petition, praying,
among other things, that their judgment might be satisfied,
out of the purchase money, in the hands of the trustee, appoint-
ed by the decree in the said cause, before the application of any
portion thereof, to the mortgage debt of the complainant,