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McDOWELL VS. GOLDSMITH. 373 paid by her, and that the insurance thereon was in her name, and for her benefit, down to the 1st day of January, 1845; and that the defendant did not, at any time during the life of said Elizabeth, effect an insurance on said property, or any part thereof. The bill further charges, that the said defendant was not, at the time of the execution of the deed therein referred to, en- gaged in any business, or possessed of any property, means, or credit, by which he could possibly have raised or com- manded the large amount of money pretended to have been paid and advanced by him to the said Elizabeth. And that the complainants afterwards applied to the defendant to permit a sale of said property to be made, and their debts to be paid thereout, but that he refused so to do, pretending that he paid for the said property, and that he was a man of wealth, and able so to do, which they charge is not the fact. The bill then prays that said deeds may be declared null and void, as against the creditors of said Elizabeth Osborne, and that they may be paid their debts with interest and costs, and for general relief. And also, that the said defendant may be required to answer the following special interrogatories, accompanying said bill, namely: 1st. State particularly how, and at what time or times, Eliz- abeth Osborne became indebted to you in the sum of $21,500, for which sum it is alleged she executed her promissory note to you on the 5th of November, 1842. 2d. If for goods, wares, merchandise or property, sold and delivered by you to her, furnish a particular account thereof, with the prices for which they were sold, and the times of such sales and delivery, and from whom you procured the goods, &c., sold to her. 3d. If you say she was indebted to you for money loaned, or advanced to her by you, state particularly at what times, and in what sums it was loaned, and in whose presence it was done. If it was your own money, state how you acquired and became possessed of it; with what bank or individual you had it on de- posit, and whether the funds consisted of coin or paper. If it 33 |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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