352 HIGH COURT OF CHANCERY.

of the questions which might arise under the deed of trust, or
grow out of the subsequent application of said Delaplaine for
the benefit of the insolvent laws. A decree for an account was
obtained in this case, with which said Maulsby complied; after
which a bill was filed in this court by certain of the unpreferred
creditors of the insolvent, to have the deed of trust set aside for
fraud, and for an account by said Maulsby. The defendants
in this case having filed their answer, the question as to the
jurisdiction of this court was presented to the Chancellor, who
delivered the following opinion :]

THE CHANCELLOR :

Of the jurisdiction of Frederick County Court as a court of
equity over the subject of this trust, it is supposed no serious
doubt can be entertained; but even if this was questionable, the
appearance of the defendants to the bill filed there, and their
submitting to answer it, would be a waiver of any objection
Bpoa that ground. Carroll vs. .Lee, 3 G. & J., 504.

The bill filed in the Frederick court was a creditors' bill, and
submitted to the court their rights, as they might exist under the
deed, or be affected by the proceedings in insolvency of the
grantor; and the order of the court referring the case to the
Auditor, contains a reservation of equities, that such subsequent
proceedings might be adopted, according as the creditors might
prefer to claim under, or against the deed.

The bill filed in this court assails the deed of March, 1844,
as fraudulent in fact, and under our insolvent system; and pro-
poses to set aside the sales made by the trustee Maulsby; to
have the property sold by a trustee to be appointed by this
court; and asks for an account.

But Maulsby has been already called upon to account for
this same trust in a court of co-ordinate jurisdiction; which
court has directed its proper officer to state the necessary ac-
counts, and to bring before it the parties who may be interested.
If the creditors, when they come in, are dissatisfied with the
conduct of the trustee, either in disposing of the trust estate,
or in any other respect, they may in that court take such steps as