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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 95   View pdf image (33K)
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McVEY VS. BOGGS. 95
young and helpless; that her husband is destitute of property,
and has actually applied for the benefit of the insolvent laws;
that she has no means of support; and praying that her pro-
portion of the proceeds of sale may be invested for her support,
and the support of her children.
The Messrs. Boggs also filed their petition, claiming the
said proceeds of sale should be paid over to them as judgment
creditors of Jonathan McVey, upon a judgment recovered by
them in Harford County Court, in November, 1844, upon
which fi. fas. had been issued and returned nulla bona.
The real estate was sold on the 8th of September, 1849, and
the sale finally ratified on the 10th of February, 1851.
Jonathan McVey petitioned for the benefit of the insolvent
laws on the 16th of May, 1849, and it was admitted that
he and bis wife have no property, and that they have a large
number of children, and that Mrs. McVey is dependent chiefly
upon the personal exertion of herself and husband for the sup-
port of herself and children, that is, that they have no pro-
perty except their share of the proceeds of the sale in this
case.
Both these petitions were set down for hearing, and being
heard, the Chancellor delivered the following opinion.]
THE CHANCELLOR:
The case of Duvall vs. The Farmers' Bank of Maryland,
4 G. & J., 282, has established the principle, long before re-
cognized and acted upon in England, and in several of the
States of this Union, that where the aid of a Court of Equity
is necessary to enable the husband to obtain possession of the
wife's personal estate, he must do what is equitable by making
a suitable provision out of it for her maintenance, and the
maintenance of her children. And the principle prevails,
though there has been an assignment by the husband for a
valuable consideration, and the assignee, standing in the place
of the husband, and seeking to withdraw the funds from the
Court, will be compelled to make the provision.
This allowance to the wife, though the creature of the Eng-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 95   View pdf image (33K)
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