INDEX. 567

EXECUTORS AND ADMINISTRATORS— Continued.
See TRANSFER BY OPERATION OF LAW.

COMMISSIONS, 1.
EX POST FACTO LAWS.

See CONSTITUTIONAL LAW, 2, 3.
EXTBVGUISHMENT OF DEBTS.

1. The taking of acceptances for a pre-existing debt cannot have the effect
of extinguishing the debt. Harness vs. Chesapeake and Ohio Canal Com-
pany, 249.
FAMILY SETTLEMENT.

See SURCHARGING AND FALSIFYING ACCOUNTS, 3.
FOREIGN CREDITORS.

1. The rights Of foreign creditors are not affected by the discharge of an
insolvent under the laws of Maryland. Potter vs. Kwr, 275.

2. A discharge under the insolvent laws of Maryland cannot affect the
rights of foreign creditors to obtain against the insolvent, in the Mary-
land courts, an absolute and unqualified judgment, and to place their
execution upon any property of the insolvent debtor to be found in the
hands of the trustee. Ib.
FORFEITURE OF CHARTER.

1. A cause of forfeiture of a charter of incorporation cannot be taken ad-
vantage of, collaterally or incidentally, but must be enforced by swe
facias or quo warranto, at the instance of the government, and until the
government so interferes, the franchise continues. Hamzlton vs. «5it»iap- ,
o;is and Elk Ridge KaU Stood Company, 107. S
See CORPORATIONS, 1. ^
FRAUD. „

1. A party who attempts to protect himself from the consequences of an ..;

engagement into which he has entered upon the plea that he has been - '**

imposed upon, must make out the imposition by proof. Duvall vs.

CWe,"168.

2. Fraud is not to be presumed, and though it may not be necessary to
prove it by direct and positive testimony, yet the circumstances upon
which the presumption of its existence is to be founded, should lead
plainly and directly, and by strong implication, to that conclusion. Ib.

3. Deliberate settlements and solemn instruments are not to be impeached

and overthrown by light and trivial circumstances, which, at most, ^
furnish a foundation for ingenious minds to speculate upon, and to
weave plausible theories of unfairness in the transaction with which
they are associated. Ib.
See CONVEYANCES, VACATING OF.
EWITT AND EQ.UITABLE DEFENCE.
FRAUDULENT CONVEYANCES, 1, 2.

STATUTE OF FRAUDS. JURISDICTION, 15. f
FRAUDULENT CONVEYANCES.

1. It being proved, that the husband, with a design to deprive his widow
other share of his personal estate, executed the conveyances in ques-
tion, but did not part with the possession, but lived upon and enjoyed