68 STRIKE'S CASE.

tion of the court, to the payment of his just debts, reserving the
surplus to him and his family, &c.

The plaintiffs having put in a general replication to those answers,
a commission was issued to Carlisle in Pennsylvania, under which
the deposition of one witness was taken, returned, and filed on the
23d of March 1819. Another commission was issued to take
testimony in the city of Baltimore, under which the depositions of
thirty-six witnesses were taken; and among that number the depo-
sition of the defendant Rogers was taken, under a special order of
the court, subject to all just exceptions. This commission was
closed on the 2d of April 1819; and soon after filed in court.
Among the papers of this case there is a document marked as
having been filed on the 15th April 1819, which is entitled in these
words, " The answer of Nicholas Strike, of the city of Baltimore, to
the petition of William McDonald, filed in Baltimore County Court
against this defendant." There were sundry deeds and other docu-
ments filed by the parties, as evidence in the case. From the
proofs, thus collected, it appears that the claims and allegations of
the plaintiffs, as set forth in their bill, were substantially and suffi-
ciently sustained.

28th May, 1822.—DORSEY, Chief Judge.—The said cause being
ready for hearing, and having been fully argued by complainants
and defendants, the bill, answers, exhibits, testimony, and all other
proceedings, were by the court read and considered; and it being
fully established to the satisfaction of the court, that the deeds of the
sixteenth January, 1811, from the defendant Rogers to the defend-
ant Strike, mentioned in the said proceedings, were executed for the
purpose of defrauding the creditors of Rogers, and without bona fide
consideration,—Decreed, that the said deeds be, and they are here-
by declared null and void, as against the complainants in this
cause.—Decreed also, that the property in said deeds contained be
sold. That Henry W. Rogers and Samuel Moale be, and they are
hereby appointed trustees for the purpose of making said sale, &c.
And the trustees shall bring into this court, the money, or securities
for money, arising from said sale or sales, to be applied under the
court's direction, after deducting the costs of this suit, and such
commission to the trustees as the court shall think proper to allow,
in consideration of the skill, attention and fidelity, wherewith they
shall appear to have discharged their trust. All equities as to the
Distribution of the proceeds of sale, are reserved by the court for hear-