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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 564   View pdf image (33K)
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564 INDEX.
EXECUTORS AND ADMINISTRATORS— Continued.
See. AGREEMENTS, 4, 5.
WILL AND TESTAMENT, 22.
LIMITATIONS, 5, 7, 8, 9.
EXTINGUISHMENT.
Sec VENDOR'S LIEN, 2.
WILL AND TESTAMENT, 32.
FEES.
See COUNSEL FEES.
FEME COVERT.
.See MARRIED WOMEN.
FRAUD.
See FRAUDULENT CONVEYANCES.
INSOLVENT DEBTOR, 5.
EVIDENCE, 4.
FRAUDULENT CONVEYANCES.
1. Where a party seeks to avoid deed as fraudulent under the statute of
Elizabeth, he must allege and prove the existence of creditors at
the date of the conveyances, or that the grantor contracted debts sub-
sequently in respect of which the deeds would be regarded as frau-
dulent. Faringer vs. Ramsay & Ehrnan, 33.
2. Prior to the act of 1835, ch. 380, a creditor could not claim the aid of a
court of equity in following real estate fraudulently conveyed away by
his debtor, without first obtaining a judgment at law, nor personal
estate, thus conveyed, without issuing a fieri facias, but this act has
changed the law, in this respect, in this state. Wylie et at vs. Kasil,
327.
3. The wife's share of the grandmother's personal estate was paid by the
executor to the husband in his own right, and was applied by him in
the purchase of property for which he took the deed in his own name,
in 1842, and held the property in his own until 1847, when it was con-
veyed to his wife. HELD—
That under these circumstances the property could not be regarded
as belonging to the wife, but was liable to the husband's credi-
tors. Ib.
See INSOLVENT DEBTOR, 1 to 5.
ASSIGNMENTS IN FAVOR OF CREDITORS.
EQUITABLE ASSIGNMENT.
See ASSIGNMENT, 1 to 4.
GIFTS INTER VIVOS OR MORTIS CAUSA.
1. A party shortly before his death delivered a note due him to a friend,
with directions to collect and apply it to certain purposes for the ben-
efit of his wife, but died before the money collected was so applied.
HELD—
That this does not amount to a gift inter vivos or mortis causa, and
the proceeds of the note belong to the estate of the deceased.
Thompson & Waters vs. Dorsey, 149.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 564   View pdf image (33K)
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