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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 539   View pdf image (33K)
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ALLEIN VS. HUTTON. 539
may be decreed to be sold for that purpose, either for life or
for a term of years, as circumstances or the nature of the case
might require." See Allein vs. Sharpy Grille Johns; 96 to 108.
On the 15th of November, 1836, Allein, the administrator,
and several of the creditors of Hutton, for themselves and all
others who should come in and contribute to the costs of suit, ac-
cordingly filed their bill in equity, alleging that Hutton, at the
time of the execution of said deed of manumission, was large-
ly indebted to divers persons; that said debts exceeded the
value of all his property of every description, and that he con-
tinued insolvent and embarrassed in his affairs from that time
till his death. That Hutton remained in possession of the ne-
groes manumitted by said deed and their increase till his death.
That he executed said deed with a view of prejudicing, defeat-
ing, delaying and defrauding his creditors, and with a view of
securing to himself a valuable interest in the services of said
negroes for a period, as he then supposed, commensurate with
his own life, and that the same is fraudulent and void as against
the creditors of said Hutton. That after Hutton's death, his
administrator, Allein, took possession of said negroes as part
of his personal estate, and included them in the inventory,
which he returned to the Orphans Court. The bill then states
the petition for freedom and the decision of the Court of Ap-
peals, and insists that this court will charge the said negroes
with the payment of the debts of the said Hutton by extend-
ing their term of servitude, or, if necessary, by selling them
as slaves for life.
The bill then makes the infant children and heirs at law of
said Hutton, and the manumitted negroes parties defendants,
and calls upon them to disclose the names and ages of the issue
of the said manumitted negro women, Nancy and Minta, and
prays that such issue, if any, may be made defendants, and
that a decree may be passed vacating said deed of manumission
as in prejudice of creditors, and charging the said negroes with
the debts of said Hutton, and that for this purpose a sale of
said negroes, either for a term of years or for life may be di-
rected by said decree, and for general relief.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 539   View pdf image (33K)
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