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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 383   View pdf image (33K)
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McDOWELL VS. GOLDSMITH. 383
said Osborne called on him in relation to said deed, witness
asked her if it was possible that she was about to convey her
interest in said property to this man, and if she knew what she
was about. She said that it was not to be an absolute deed of
the property, that she had every confidence in Goldsmith, and
that he would reconvey back to her the property, upon the pay-
ment to him of the sum of from $6 to $8,000,(he cannot recol-
lect the precise sum,) and that Goldsmith would give her a
written agreement to that effect. She stating, at the time, that
^creditors were pressing her, and that she made the deed abso-
lute then, to prevent her creditors from seizing her property and
dragging her furniture about and taking it out of her house.
Goldsmith was not present at this conversation, and was not
present at any conversation between deponent and said Osborne,
except, at the taking of the memoranda or instructions for the
mortgage.
Exceptions were taken by the defendant, to so much of said
Spurrier's testimony, as speaks of a conversation between him
and said Osborne in defendant's absence; the same, and espe-
cially the declarations of said Osborne, made in the progress
thereof, being inadmissible.
The case was removed to this court by suggestion on the part
of the complainants, filed on the 4th of June, 1851, and was
argued at the September term, 1861, and on the 11th of Octo-
ber, 1851, the following opinion was delivered :]
THE CHANCELLOR:
This is a creditor's bill, filed by the complainants, who also,
allege themselves to be creditors of Elizabeth Osborne, to set
aside certain deeds, executed by her to the defendant, upon the
ground, that they were made to delay, hinder and defraud them,
and are, therefore, void at common law, or under the statute of
Elizabeth.
The deed of the 14th of July, 1841, the first in point of date,
is not now called in question, and need not be noticed. The
second deed, which is a mortgage of real and personal prop-
erty, is dated on the 6th of November, 1842, and was executed

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 383   View pdf image (33K)
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