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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 30   View pdf image (33K)
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30 HIGH COURT OF CHANCERY.
at the time of its execution—that the grantee received it know-
ing of such fraudulent intent, and helping to effectuate it.
The bill further charges, that at the time of the execution of
these deeds, the said Grover was utterly insolvent, and known
so to be by the defendant, McColm, and that the property de-
scribed in said deeds constituted the largest part of his available
assets. That ever since the execution of these deeds, said Gro-
ver had remained in possession of the property, mentioned in
them, and has used and enjoyed the same and taken the rents
and profits thereof to his own benefit and still continues so to
do. The bill then states that Grover applied for the benefit of
the insolvent laws on the 16th of March, 1841—the appoint-
ment of Glenn as his trustee—and said Grover's indebtedness to
the estate of the said Eaton R. Partridge, and then prays said
deeds to be declared fraudulent and void, &C.
The answer of McColm, which was filed on the 3l8t of Au-
gust, 1841, admits the execution of the deeds, but denies that
they, or either of them, were or was, made without considera-
tion, and with a design to delay, hinder, or defraud the credi-
tors of said Grover, or that they or either of them, was received
by this defendant, knowing of such intent or purpose, but, on the
contrary, avers that they were both made for bonafide consider-
ations, paid by the respondent before their execution, except a
small balance upon the real estate, which was paid immediately
after. This answer also states that respondent has no knowledge
of the debts due by said Grover, at the time of the execution of
these deeds, but denies that he was then utterly insolvent and
unable to pay his debts. It asserts that Grover has remained
in possession of the property since the execution of the deeds,
but denies that he has used, enjoyed and taken the rents and
profits thereof to his own benefit, but on the contrary, avers
that said Grover has remained in possession thereof, as the ten-
ant of the defendant, under articles of agreement, which are
exhibited with the answer. It also admits that Grover has pe-
titioned for the benefit of the insolvent laws, which petition is
still pending—the appointment of the complainant as his trus-
tee, &c.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 30   View pdf image (33K)
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