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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 355   View pdf image (33K)
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GLENN VS. McNEAL AND WORLEY. 355
property from the pleadings and proofs now in the cause, and
such other proofs as the parties may lay before him, and the
question of the accountability of the said defendant to pay
such value will be reserved for further order.
With regard to the deed to the defendant, Joseph D. Worley,
of the 20th of March, 1845,1 am satisfied that it is void under
our insolvent system, as having been made "with a view, and
under the expectation of taking the benefit of the insolvent
laws." This deed, which was only executed two days before
the grantor did actually apply for the benefit of the insolvent
laws, conveyed to Worley all her remaining property, being her
interest in her deceased husband's estate, and it is, as I think,
impossible to suppose that she did not then contemplate mak-
ing such application. She had stripped herself by these con-
veyances of every atom of property she had in the world.
Her creditors were numerous and pressing, and, as is asked by
the Court of Appeals, in the case of Dulany vs. Hoffman, 7
G. & J., 177, " what reasonable expectation could she have
had of being exempted from liability on account of her debts,
and without such exemption, what other means of getting rid of
her liabilities was left to her, than an application for the benefit
of the insolvent laws?"
There are, moreover, circumstances connected with the
alleged consideration for this deed to Worley, which could,
perhaps, condemn it, even if not liable to the objection which
has been stated. But I deem it sufficient to say, that it
appears to me that it comes within the range of the insolvent
system, and must be set aside as at variance with its policy.
The counsel for the complainant may prepare a decree
vacating the three deeds, and appointing a trustee to make
sale of the property contained in them, with a direction that
for the proceeds of sale, the trustee in insolvency shall account
in the Insolvent Court. The decree may also contain a pro-
vision referring the case to the Auditor, for the purpose of
stating and reporting an account from the pleadings and proof
now in the cause, and such other proof as the parties may lay
before him, of the value of the personal property contained in
the deed of the 22d of August, 1843, and such other accounts

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 355   View pdf image (33K)
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