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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 482   View pdf image (33K)
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482 HIGH COURT OF CHANCERY.
It appears to me that such a deed is clearly fraudulent and
void, both with reference to pre-existing, and subsequent cre-
ditors.
It cannot be regarded as a voluntary conveyance, made by
a husband in favor of his wife, which, if bona fide, will be per-
mitted to stand as against subsequent creditors, but it is a con-
veyance made by a party for his own benefit, and although his
wife was designed to participate with him'to some extent, in
the enjoyment of the property, the beneficial interest of the
husband greatly preponderates over hers. It is emphatically
a deed for the use of the grantor, which renders it void against
all creditors, existing or subsequent.
The claims of the suing creditors are fully established by the
pleadings and proofs, and it appears they have by their pro-
ceedings at law, placed themselves in a position to impeach the
deed. A decree, therefore, will be signed, vacating this deed
of the 2d of June, 1842, and appointing a trustee to make sale
of the property embraced in it, which remains unsold, for the
payment of the complainants, and the other creditors of the
grantor, and directing the trustee to call them in as usual by
advertisement. The equities of the creditors inter se, will be
reserved for further order or decree. The complainants' coun-
sel will prepare such a decree.
J. M. CAMPBELL, for Complainants.
C. H. PITTS, for Defendants.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 482   View pdf image (33K)
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