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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 372   View pdf image (33K)
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372 HIGH COURT OF CHANCERY.
thereof, and in the further pretended consideration of $7,550,
conveys to the defendant all her right and equity of redemption,
to the property described in the deed of mortgage, all of which
will more fully appear from said deeds filed as exhibits. No. 1,
No. 2, and No. 3.
The bill further states and charges, that under these three
deeds, the defendant claims all the property in them mentioned,
as absolutely his own. That said Elizabeth Osborne died
about the month of April, 1845, and besides the property
mentioned in said deeds, left no property or fund, out of which
the debts of the complainants could be paid, and that said
debts remain wholly unpaid, and unsatisfied. That the said
defendant did not, in fact, pay to the said Elizabeth Osborne
the consideration in said deeds mentioned, and pretended to
have been paid, or any part thereof, but that said deeds were
executed by the said Osborne, without any legal consideration,
and for the purpose of protecting her property from the just
claims of her creditors. That shortly before, at the time of,
and repeatedly after, the execution of these deeds, she declared
they were executed without consideration, and merely for the
purpose of protecting her property from her creditors, who were
urgent for the payment of their claims against her. That the
property mentioned in deeds No. 2, and No. 3, continued in the
possession of said Elizabeth, and that the defendant has repeat-
edly admitted that said property did not belong to him, but that
he held the title nominally, to protect it from the creditors of
said Elizabeth; that he executed before Wm. A. Schaeffer, a
justice of the peace, an instrument in writing, by which he ac-
knowledged that he held all said property in the said two deeds
last referred to, for the benefit of the said Elizabeth, and to
protect it from her creditors. That said property stood in the
name of the said Elizabeth in the tax books of the city of
Baltimore, and that she had paid all the taxes thereon, up to
the time of her death. That the rents arising from all the
real and leasehold property, mentioned in the deeds Nos. 2
and 3, were received by said Elizabeth to her own use, and
the ground rents payable on a portion of said property, were

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 372   View pdf image (33K)
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