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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 514   View pdf image (33K)
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any grounds upon which a reasonable doubt can be entertained.
I am not only entirely satisfied that he was irretrievably insolv-
ent, but that he knew himself to be so, and that these convey-
ances were made for the purpose of placing his property
beyond the reach of his creditors; and that it is the duty of this
court to frustrate the design, unless there stands in the way
some insuperable principle of law.

The property contained in the deed of trust of the 27th of
March, 1834, and the bill of sale of the 18th of April, of the
same year, seems to have been every thing of a visible and
tangible nature which Spindler possessed, and when, in addi-
tion to these transfers, he, in January, 1835, assigned, for Phil-
lips' benefit, the judgment against Manro, he stripped himself of
almost every thing he possessed in the world which could be
made available to his creditors. And what makes the assign-
ment of the judgment still more reprehensible, it appears not only
to have been made without consideration, but the fact that any
such assignment was made, is denied by the answer of Spindler.
The record, however, and the proof of Mr. Birckhead fully
disprove the answer in this respect, and establishes not only
the fact of the assignment, but that the money received upon
the judgment inured for the benefit of Phillips.

And taking all these transactions and grouping them to-
gether—the proximity of the conveyances to each other in point
of time—the total absence, or even pretence, of any valuable
consideration for the deed of March, 1834, by which a large
amount of property was settled upon the wife and child of
Spindler, the suspicious circumstances which surround the bill
of sale of April, 1834, and the denied but proved transfer of
the judgment of 1835, and I think I may say, in the language
of Judge Story, in Bean vs. Smith et al., 2 Mason^s Reports,
294, that "the badges of fraud cluster about them in every
direction," and that these conveyances and transfers were made
with the meditated design to injure and defraud creditors.

It appears to me impossible to read this record, and not
come to the conclusion that Spindler saw and was fully sensi-
ble of the desperate condition of his affairs, and that it was his

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 514   View pdf image (33K)
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