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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 86   View pdf image (33K)
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86 HIGH COURT OF CHANCERY.
to be good, when the proof shows that many of them were bad,)
had drawn out more than his share of the profits, seeing that
the articles of copartnership provided for its termination in
various contingencies, in precise terms, and that it was brought
to a close in exact conformity with the articles. I cannot bring
myself to think that this is a case to which the principle con-
tended for by the complainant's solicitor is applicable, and shall,
therefore, consider it my duty to dismiss the bill, for without
the aid of this principle, it seems impossible to regard him as
the creditor of the defendants.
That the defendants had a clear legal right to terminate the
partnership, and take possession of the property in the mode
charged in the bill, is manifest from the decree of the Court of
Appeals, which, without regard to the answer, dissolved the
injunction, that, of course, deciding that even upon the bill the
complainant had no title to interfere in that way.
THOMAS S. ALEXANDER, for Complainant.
JOHN NELSON, for Defendant.
WILLIAM H. KEIGHLER ET AL
vs. DECEMBER TERM, 1853.
JACOB C. NICHOLSON ET AL.
[ASSIGNMENT IN FAVOR OF CREDITORS——SEQUESTRATION——JURISDICTION.]
AN assignment in favor of creditors, though in other respects free from objec-
tion, must convey all the property of the grantor, and the onus, in this re-
gard, is upon the party who sets up the deed.
A deed in favor of creditors, of specific articles of property, and which does
not, by express terms, purport to convey all the property of the grantor, is
not, on that account, absolutely void, but upon proof that the grantor had no
other property, will stand, if its other provisions are legal.
The adjudicated cases in this state have not decided that an assignment in favor
of creditors, which provides that the dividends of the non assenting shall bo
divided proportionably among the assenting creditors is void.
It would be irregular to decide upon the validity of such a deed upon the return

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 86   View pdf image (33K)
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