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BULLETT VS. WORTHINGTON. 111 consisting of negroes, &c. Some of the negroes died and some he sold to Georgia. The residue, together with all his other personal property, he conveyed by mortgage to Samuel Worth- ington, on or about the —— day of June, 1826. That at the time he executed the mortgage, he was largely indebted to Samuel Worthington, and that when he executed the-absolute conveyance, he received from him the further sum of $600 in cash. That his real estate was mortgaged for about ten thou- sand dollars." In addition to the evidence obtained from Wal- ter Worthington, in this way he was examined under the com- mission issued in this case, and upon the cross-examination he says, "the mortgaged lands were sold to pay the mortgage debts, and did not sell for quite enough to pay them." An agreement has been filed by which it appears, that one of the claims of the suing creditors, accrued as early as the 5th of May, 1822, and a bond is filed dated the 8th of July, 1822, in which Walter Worthington united with his son Charles as his surety in the penalty of $5000, conditioned for the per- formance by Charles of his duty as trustee under a decree of Baltimore County Court. The claims of the other suing cre- ditors accrued on the 2d of June, 1825, the 8th of May, 1825, the 2d of June, 1825, and the 2d of February, 1827. Six of these creditors obtained judgments against Walter Worthing- ton at September term, 1826, and March term, 1827. Their claims remain unsatisfied, and the question is whether the deed from Walter Worthington to his son Samuel, so far as it is a voluntary one, shall be allowed to stand and be maintained to their prejudice ? That these creditors have in point of fact been delayed and hindered by these deeds is quite apparent; and it is very certain, whatever may have been the estimate made by the grantor, at the time of their execution, of his pecuniary condition, that he was greatly mistaken. And it is also very certain that the residue of his real estate was encum- bered before the date of the conveyance from Walter to Samuel Worthington, as he himself states that the mortgage to John Tolly Worthington was executed in April, 1823. I do not therefore think that the defendants have succeeded |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 3, Page 111 View pdf image (33K) |
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