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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 430   View pdf image (33K)
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430 KIGH COURT OF CHANCERY.
that unless some ground touching their rights can be shown, he
would be making a bad precedent by opening a decree for the
purpose asked.
Upon the whole, he thinks, the petition must be dismissed,
and the trustees left at liberty to proceed, but under the circum-
stances of the case, costs will not be allowed.
Joss H. B. LATJB.OBE for Petitioners.
JOSEPH J. SPEED and HEHRY WEBSTER for the Decree.
JOHN A. THOMPSON, PERMANENT
TRUSTEE OF GEORGE S. DAVIS
vs.
DANIEL B. BANKS.
DECEMBER TERM, 1849.
[AN ABSOLUTE DEED TREATED AS A MORTGAGE.]
THERE can be no doubt that upon proper averments, and upon sufficient evi-
dence, this court may treat an absolute deed as a mortgage, and decree a re-
demption of the property, by the mortgagor, or sale, for the purpose of paying
the sum due.
That fraud may be inferred from facts and circumstances, from the character
of the contract, or from the condition and circumstances of the parties, ia
well established.
The proceedings in this cause were instituted on the equity
side of Baltimore County Court by the complainant, as trustee
of George S. Davis, an insolvent debtor, for the purpose of hav-
ing a deed executed by Davis, to the defendant, dated the 25th
of September, 1840, and purporting to be an absolute con-
veyance, declared a mortgage. The allegations of the bill,
(and which are substantially supported by the evidence,) are,
that said Davis, about the year 1838, purchased a lot and dwell-
mg house situated on Fayette street, in the city of Baltimore,
of one George A. Hughes for the sum of $1460, subject to a
ground rent of $45. That Davis, subsequently, being in want

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 430   View pdf image (33K)
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