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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 29   View pdf image (33K)
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GROVER VS. GROVER. 29
JOHN GLENN, TRUSTEE OF
CHARLES GROVER,
vs. JULY TERM, 1850.
CHARLES GROVER AND
MATTHEW McCOLM.
[DEEDS FRAUDULENT AS TO CREDITORS.]
A conveyance, even if for a valuable consideration, is not, under the statute of
13(A Elisabeth, valid in point of law, from that circumstance alone. It must
also be 6o»a fide, for if it be with intent to defraud, or defeat creditors, it will
be void, though there may be a valuable consideration.
The fraudulent intent must be shown. It is not a thing to be presumed, but
must be proved, and by evidence sufficient for the purpose.
[The proceedings in this cause originated In the equity side
of Baltimore County Court on the 15th of May, 1841. The
object of the bill, which was filed by the complainant Glenn,
as the permanent trustee of the defendant, Charles Grover, an
insolvent debtor, and as administrator of Eaton B. Partridge,
in behalf of himself as such administrator, and other creditors
of said Grover, is to set aside two deeds of conveyance. The
first dated the 20th of April, 1839, is from John Scott, and
Robert Purviance, Jr., trustees, Rebecca B. Carter, and the
said Charles Grover, as grantors, and conveys to the defendant,
Matthew McColm, the grantee, a farm lying in Baltimore
county, containing about 2061/4 acres of land. The second,
dated the 18th of July, 1839, is from said Charles Grover, and
conveys to the same party, for the consideration of $1100
therein expressed to have been paid by the grantee to the
grantor, all the stock and farming utensils on said farm.
The bill charges that the first deed, BO far as it operated to
convey the interest of Grover jn said farm, was made without
consideration, and with a design to hinder, delay, and defraud
his creditors; that the grantee well knew this intent, and com-
bined with the grantor in effectuating it:—That the second deed.
was fraudulently made, and designed to hinder, delay and de-
fraud the creditors of the said Grover, and that the considera-
tion therein mentioned was colorable merely and was not paid
3*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 29   View pdf image (33K)
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