GLENN VS. BAKER. 75

and as to whether this had been done in this case he said: "It
is not contended in this case, nor could it be, that there is any
direct evidence, that Childs at the date of the deed, intended
to make application for the benefit of the insolvent laws; but
it is said, that such intention may be established by facts and
circumstances as in other cases, and the case of Dulaney vs.
Hoffman, 7 Gill & Johns., 170, is referred to in support of the
proposition. There can be no doubt that such is the rule, and
the inquiry then is, whether the facts and circumstances of
this case are sufficiently strong to make out the intent.]

THE CHANCELLOR :

Now, whether the answer of Childs is or is not evidence
against the plaintiff, there can be no doubt that the burden of
proof is upon him, and that he can get no decree invalidating'
this deed, unless he can make out by satisfactory evidence, that
Childs, on the 4th December 1833, the date of its execution
intended to take the benefit of the insolvent laws; that such
was his view and expectation at that time.

Now, the first difficulty in the way of the plaintiff, and it
seems to me a formidable one, is, that Childs when he execu-
ted the deed by which the alleged preference was given, could
not apply for the benefit of the insolvent laws, for want of the
residence required, to bring him within their provisions. He
had then been living but a short time in Maryland, and many
months must elapse, before the relief contemplated by those laws
could be extended to him. How it may be asked can it be said
that he executed the deed with a view, and under an expecta-
tion of taking the benefit of laws, the provisions of which he
was in no condition to enjoy, because of the indispensable pre-
requisite of a two years residence which he did not possess,
It is true, (though he denies it in his answer,) he may have
known that special acts of insolvency were sometimes granted,
and that laws were occasionally passed, dispensing with some
of the conditions upon which the general system was admin-
istered; and he may have contemplated an application to the
legislature to dispense in his case, with the qualification of resi-