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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 571   View pdf image (33K)
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INUEX. 571

IN JUNCTION— Continued.

ministrator states the amount of assets, and upon the terms of bringing
the assets into court, or obeying such other order of the court as the
circumstances of the case may require. Ib.
Set JURISDICTION, 8 to 12.

LIMITATIONS, STATUTES or, 5.
MORTGAGOR AND MORTGAGEE, 4, 5.
INSOLVENT LAWS.

1. To avoid a deed under the acts of 1812, ch. 77, and 1816, ch. 221, it is
necessary to show, not only that an undue and improper preference
was given by the debtor, but also, that it was done with a viefr and
under an expectation of taking the benefit of the insolvent laws. Glenn
vs. Baker, 73.

2. Such intent may be established by facts and circumstances as ia other
cases, and the fact that a party, when he executed the deed, could
not apply for the benefit of the insolvent laws, for want of the resi-
dence required to bring him within their provisions, is a strong cir-
cumstance to show that such was not his view and expectation at
that time. Ib.
See CONSTITUTIONAL LAW, 11.

DEEDS VOID UNDER THE INSOLVENT LAWS.
FOREIGN CREDITORS.
INTEREST ON LEGACY.

1. Where no time is fixed by the will, for the payment of a legacy, it will
bear interest from the expiration of one year after the death of the
testator. Craw, vs. Bames S{ I^rgvssm, 152.
JUDGMENTS AT LAW.
See INJUNCTION, 10 "to 14.

PRACTICE IN CHANCERY, 43.
JUDGMENT CREDITORS.

1. A judgment creditor, not« party to a suit, is not bound to seek payment
out of the proceeds of sales in the hands of the trustee, but may pros-
ecute his lien against the property, after its conveyance to the purcha-
ser. I>u,vall vs. Speed, 229.

2. Where a party holding a bond of conveyance is in possession, and has
paid the purchase money for the land, the court will direct a convey-
ance, which will prevail against creditors, whose" judgments interven-
ed between the equitable title of the bond and the legal title by the
docroo. Broehs VB. Dent, 533.

See EWITY AND EQUITABLE DEFENCE.

JUDGMNET LIEN.

JUDGMENT LIEN.

1. Where a party executing a deed made a formal proposition to his cred-
itors, in writing, which some of them accepting, the trust was created,
and upon a dividend being made, a creditor received from the trustees
an equal share with the rest, such creditor must be considered as af-
firming the deed, and of course bound by it. Daub vs. Banies, 13^.

2. But where a deed, in which all legal priorities were preserved, was ex-



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 571   View pdf image (33K)
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