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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 485   View pdf image (33K)
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CRANE VS. SEYMOUR. 485
charged against them, and also denying that the property in
question was the separate property of Mrs. Seymour, and
affirming that the deed to Boulding was valid and effectual, as
a provision for the equal and fair payment of all the creditors
of Edward and Anne E. Seymour, expressly denies the allega-
tion of the insolvency of the parties as charged in the bill,
and that the property, by reason thereof, is insecure in their
hands.
In the view which I have taken of this case, I do not con-
sider it my duty to go over all the ground occupied in the
argument, nor to express an opinion as to the interpretation
of the Act of Assembly. Whether the particular section of
that Act should receive a liberal or restricted construction
remains to be decided hereafter, when a case shall arise pro-
perly presenting the question.
The question now is, whether the injunction granted by the
County Court, and the order appointing a receiver, shall stand
or be rescinded, and this, as it appears to me, does not neces-
sarily or properly, as the case now stands, call for the inter-
pretation of the statute. .
This bill, as I conceive, cannot be supported as an appeal
to the independent and peculiar jurisdiction of this Court, to
vacate conveyances made in fraud of the rights of creditors.
It addresses itself, not to the active and restorative authority
of the Court, but to its protective power, and asks, and can
only properly ask, that the property from which the creditors
seek to be paid, shall be preserved until their legal rights to
such payment can be adjudicated in the appropriate forum.
Chancery, in a case like the present, can be only ancillary to
the Courts of Law, and would, as I think, be going beyond
its appropriate bounds, if it undertook to supersede the legal
tribunal, and grant relief upon its own idea of the justice of
the case, without waiting for the judgment of that tribunal.
It will be observed, that the section of the Act of Assembly
referred to, does not make the earnings of a married woman
liable in all the modes of proceedings, by which the property
of persons under no disability may be reached by their credi-
Vol. III—82

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 485   View pdf image (33K)
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