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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 33   View pdf image (33K)
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GROVER VS. GROVER 33
parently the entire management and control thereof. That
no other person, to the knowledge of the witnesses has ever ex-
ercised any control or acts of ownership over the same. That
said Grover had cut and sold wood, &c., from said place.
The complainants also filed with the commissioners the pro-
ceedings upon the application of said Grover for the benefit of
the insolvent laws, by which it appears, that in the schedule of
his property, after stating how he became possessed of said
farm, and the conveyance thereof to McColm, said Grover,
states as follows: "The conveyance to Mr. McColm was taken
by him under the following agreement, between him and my-
self, to wit: that if within five years I should pay all my debts
to him, on all accounts, he would convey the property to me,
but that if the amount of all my indebtedness were not so paid,
the farm and all the stock and utensils thereon should be sold
and the said indebtedness be thereout satisfied." To this evi-
dence McColm excepted, on the ground that it is not admissible
as against him.
The only witness examined on the part of the defendant, was
Charles F. Mayer, who states that the insolvent papers for said
Grover were prepared by witness at his office, when no one was
present except witness and Grover, and that witness attended
Grover until he obtained his personal discharge. That Mc-
Colm did not read said papers, and was not informed of their
contents at and up to the time of Grover's obtaining his per-
sonal discharge.
The complainants excepted to the admissibility or competen-
cy as evidence in the cause, of any and all parts of the answers
of the defendants, setting up any consideration affirmatively,
as having been paid by said McOolm to said Grover, or the
trustees for the sale of the farm mentioned in the proceedings,
for the property alleged to have been fraudulently conveyed to
McOolm.
The cause was removed to this court upon the suggestion of
the defendant, McColm, and after argument by counsel, the fol-
lowing opinion was delivered:]

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