BANK OF WESTMINSTER VS. WHYTE. 5g7

TheH^h tte transfer ntade to secure a debt, is in the nature of a trust, ^tfB
k a the duty, and the right of the trustee, in inssltency, to dispose Oftte •
property.

[On the 20th day of November, 1845, George Suter, of the
city of Baltimore, being indebted to the Westminster Bank in
the sum of six thousand dollars, agreed with that institution,
through its cashier and agent, John Fisher, that, in considera-
tion of the advance of three thousand dollars, in addition to
the sum already due by him, he, the said Suter, would confess
judgment for the whole sum of nine thousand dollars, and also
by way of security for the repayment of the said loan of three
thousand dollars, would assign and transfer to the said bank,
three butcher stalls, held by him in different markets in.the city
of Baltimore. The advance was made by the bank, and the
judgment confessed, and stalls assigned by Suter.

On the thirteenth day of March, 1846, Suter applied for, and
obtained the benefit of the insolvent laws, and William Pink-
ney Whyte was appointed his permanent trustee.

The trustee, under the insolvent laws, considering the trans-
fer of the Said stalls by Suter as only a^ecur^ (^-^ pay.

ment of (be loan of fh^e mousand dollars, and claiming the
disposition of said property in his capacity of permanent trus-
tee, advertised the same for public sale in the city of Baltimore,
to take place on the twentieth of July following.

Before the day appointed for the sale, a bill was filed by the
Westminster Bank, claiming the conveyance made by Suter as
absolute, and the surplus, if any, after the payment of the
three thousand dollar loan, of the money arising from their
sale, as applicable to the part payment of the prior debt of six
thousand dollars, and praying a writ of injunction against the
the trustee, prohibiting such sate. An injunction was accord-
ingly issued on the fourteenth of July.

An answer was filed on the 30t1a of July, 1847, by the per-
manent trustee, denying the title of said bank to said stalls,
e&cepf by way of mortgage security, and praying a dissolution
of the injunction.

A bitt was? also filed on the lOth of May, 1847, by Whyte,