Volume 200, Volume 3, Page 521 View pdf image (33K) |
ING VS. BROWN AND BRANNAN. 521 JOHN H. ESQ, PERMANENT TRUSTEE OF JESSE BROWN, vs. JESSE BROWN AND ROBERT BRANNAN. JULY TERM, 1850. [MORTGAGE—FRAUDULENT CONVEYANCES.] A BILL of sale, intended as a security for money loaned and to be loaned, must be considered as a mortgage, though absolute upon its face. The proviso to the 2d section of the Act of 1826, ch. 208, that the grantee shall not have the benefit of the recording of a conveyance which, by any other instrument or writing, appears to have been intended only as a mortgage, unless such other instrument be also recorded therewith, does not apply to the case of a deed absolute upon its face, and where no other instrument was executed, though it was intended merely as a security for money loaned. An answer responsive to the bill cannot be overruled, unless contradicted. by the testimony of two witnesses, or of one sustained by pregnant cir- cumstances; circnmstances standing alone will not destroy the answer. A conveyance defectively executed, may be set up as a valid contract in Equity, and a, confirmatory deed will give it full validity. [The defendant, Jesse Brown, executed a bill of sale on the 13th of December, 1847, conveying to the defendant, Robert Brannan, all his stock of goods in a certain store in the city of Baltimore, in consideration of $800 paid by the grantor to the grantee. An affidavit was made to this conveyance by Brown, the grantor, that he received the full sum of money set forth therein, and purported to have been paid to him by Brannan, the grantee, on the 11th of April, 1847. A similar conveyance was made by the same party, of the same property, to cure the defect of the first deed, in that the affidavit thereto was made by the grantor instead of the grantee. On the 14th of April, 1848, Brown applied for the benefit of the insolvent laws, and the complainant, John H. Ing, was appointed his permanent trustee; and on the 18th of the same month, filed the present bill in the Equity side of Baltimore County Court, impeaching said conveyances as fraudulent |
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Volume 200, Volume 3, Page 521 View pdf image (33K) |
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