528 HIGH COU&T OF OHANCEKY.

If, th«n, this was a contest between Mr. Brawner and the heirs
at law of, or persons claiming as volunteers under her husband,
and it could be made out, by clear and satisfactory proofs, that
the i&oaey with which "Elleslie" was paid for was advanced
by Mrs. Brawner, there might, perhaps, be no difficulty in de-
claring, that a trust resulted to her by operation of law. This,
howevw, is not a case between her and volunteers under her
•"< husband. The rights of subsequent creditors are involved here,
and tfae question is, whether, assuming the proof to be admis-
sible and adequate, a trust of which they could have had no
knowledge, and which results only by construction of law, and
to subserve the purposes of justice, as between the party in
whose name the conveyance is taken and him by whom the
purchase money is paid, shall be set up to their prejudice.

No case has been, or, it is believed can be, produced, to
establish the affirmative of this proposition; and it seems to me
not only replete with danger and mischief, but to be in conflict
with settled principles.

Under the act of 1785, ch. 72, sec. 11, a deed, to the validi-
ty of which recording is necessary by law, may be recorded by
a decree of this court, with a limitation, however, that it shall
not in any way affect the creditors of the party making such
deed, who may trust such party after the date of the deed; and,
therefore, as to those creditors who trusted Mr. Brawner after
the date of the alleged payment with the money of the wife,
even if a deed had been executed by him declaring the trust,
and that deed had been withheld from the records it could now
only be recorded or enforced, with the savings of the rights of
these creditors, as expressed in the proviso of the statute. Pan-
mil & iSffiith vs. Farmers¹' Bank, 7 H. & J., 202.

There can be no doubt, as was said by the Court of Appeals
in Alexander et al. vs. Ghiselin et al., 5 Gill, 181, that this
court may direct a conveyance, where a party holding a bond
of conveyance is in possession, and has paid the purchase
money; and that such conveyance will prevail against creditors
whose judgments intervened between the equitable title by;the
boad and the legal title by the decree and deed.