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110 HIGH COURT OF CHANCERY. is well taken, and that the deeds of the 28th of March and 16th of June, 1825, must stand or fall upon the state of cir- cumstances existing at the date of the first of them, when tried by the principles which I have already stated, are appli- cable to voluntary conveyances from parent to child. And, it remains, therefore, to be seen, whether, consistently with those principles, Walter Worthington was in a condition in 1825 to give his son, sixteen or seventeen thousand dollars worth of property. I say sixteen or seventeen thousand dol- lars, because, the property cost $21,967 71; and there ia no pretence that Samuel Worthington paid, or was required to pay more than $5000. The difference was a gift for the con- sideration of natural love and affection. The record of the application of Walter Worthington, for the benefit of the insolvent laws, on the 7th of January, 1828, is among the proceedings, and has been relied upon by both par- ties, in the argument before me. That record shows that at the date of his application, he owned but forty acres of land, and his credits amounted to less than $350, and that his debts returned upon the list amounted to $3,067 36. At that time therefore, he was unquestionably insolvent in fact as well as in law. It appears, moreover, that the petitioner was examined upon interrogatories put to him, on behalf of his creditors, and in answer to the question, " what property he possessed three years prior to his application for the benefit of the in- solvent law ?" he says, " that three years ago, he held and owned two parcels of land containing about four hundred and fifty acres," that he held these lands subject to a mortgage to C. S. W. Dorsey, dated 2d of June 1826; to John Tolly Worthington, dated the 16th of April, 1823; and on the 5th of August, 1825; and to John T. H. Worthington, dated the 6th of June, 1826. That afterwards, on the 8th of September, 1826, he sold the equity of redemption to John T. H. Worth- ington and conveyed the same to him. That besides the money secured by the mortgages, he received about $6000 from John T. H. Worthington. That he owned no other real property to the best of his knowledge. That he owned personal property |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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