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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 407   View pdf image (33K)
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DUVALL VS. MYERS. 407
be dismissed. But, as from the evidence, it appears the defend-
ant has cut and carried away a portion of wood, for all of which
he has not paid, and from other circumstances, it appears to me,
he is not entirely free from blame, there will be no decree for
costs.
The bill charges, that complainant has a lien on the wood
for the payment of the purchase money. This may be so, and
no doubt is so. Or rather, there can be no doubt, that if the
sale was for cash, no title passed to the purchaser without pay-
ment of the purchase money unless the vendor waived the
condition of payment. Powell et al. vs. Bradlee, 9 Gill &
Johns., 221.
But then this right of the vendor to require the previous pay-
ment of the purchase money, is a right which may be asserted
in a court of law, and does not require the aid of this court, as
the case last referred to, shows. Therefore, there is not, upon
this ground, any reason why the bill should be retained.
CORNELIUS McLEAN for Complainant.
DANIEL M. THOMAS for Defendant.
PERRY S. KINNEMON,
ADMR. OF
DANIEL HAEDIMGER JULY TERM, 1849.
vs.
EDWARD MILLER ET AL.
[DEED VOID AS TO CREDITORS, GOOD AGAINST THE PARTIES THEMSELVES AND
THEIR REPRESENTATIVES.]
UPON a bill filed by an administrator to set aside a conveyance as fraudulent
against the creditors of his intestate, charging, that said conveyance was
made at the request, and by the order of the intestate, for the use and benefit
of his wife and children. HELD—
That whatever may be the character of the conveyance, so far as the rights of
the creditors of the intestate are concerned, it is certainly good against the
party who caused it to be made and his representatives.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 407   View pdf image (33K)
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