558 INDEX.

CONVEYANCES, VACATING OF.

1. The circumstances which will warrant the court in setting aside a convey-
ance, actually executed, must be much stronger than would be required
to induce it to withhold its aid, if applied to, to compel an execution of
a mere agreement to convey. Hollis vs. Hollis, 479.

2. A voluntary conveyance made by a person not indebted at the time, in
favor of his wife and children, cannot be impeached by subsequent
creditors upon the mere ground of its being voluntary, ^ttkinaon vs.
Philips, 507.

3. The mere fact, that the grantor was indebted at the time, does not, per se,
constitute a substantial ground to avoid a voluntary conveyance for
fraud, even in regard to prior creditors. The question of fraud is to be
ascertained from all the circumstances of the case, and not alone from
the mere fact of indebtment at the time. Ib.

4. If the grantor be not indebted to such a degree, as that the settlement will
deprive the creditors of an ample fund for the payment of their debts,
the consideration of natural love and affection will support the deed,
although a voluntary one, against creditors, because it is free from the
imputation of fraud. Ib.

5. But the existence of such means to pay creditors must be shown by the
parties claiming under the deed, and the burden of proof is clearly upon
them to repel the fraud presumable from the condition of the grantor, at
the time the conveyance was made. Ib.

S. A voluntary conveyance in favor of the wife of the grantor, was set aside
in this case in favor of creditors, upon proof that he was largely in-
debted at the period of its execution, and no attempt being made to prove
that he had means for the payment of his debts. Ib.

1. A conveyance purporting to be made for a monied consideration of ^3,500,
was also set aside upon clear proof that the grantor, at the time, was
irretrievably insolvent, and knew himself to be so, and that it was made
with the meditated design to injure and defraud his creditors. Ib.

8. A deed, fraudulent and void as to creditors, is, nevertheless, good inter
partes. Ib.

9. The permanent trustee of an insolvent debtor has the right to file a bill to
set aside conveyances made by his insolvent, as fraudulent at common
law or under the statute of Elizabeth, against creditors. Unless the
trustee had this power, the creditors prejudiced by the conveyance might
be without remedy. Ib. .

See INADEQUACY OF PRICE, 6.

CORPORATIONS.

1. So long as the charter of a company continues in existence, their property
cannot be taken from them upon the allegation that it was acquired by
an abuse of their chartered privileges. Hamilton vs. ^iwnapolis and Elk
Ridge Rail Kaad Company, 107.

2. The land in question having been condemned for the use of the Annapolis
and Elk Ridge Rail Road, under the act of 1826, ch. 123, sec. 15, and
the inquisition returned to and duly confirmed by the proper County