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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 26   View pdf image (33K)
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26 KIPP v. HANNA.

And forasmuch as a sale of the three negroes Alfred, Cuffee, and
Eliza, in the proceedings mentioned, is necessary, it is DECREED,
that a sale of said negroes be made, as directed by the decree of
the Chancellor, and upon such terms as are prescribed in said
decree, or may be prescribed by the Chancellor, in any future
order. That the Chancellor from time to time, pass any order in
the premises which may be necessary, in order to a sale of said
negroes, and distribution between the parties, of the proceeds of
sale, after deducting all necessary expenses incurred in making the
sale. And that in the account hereafter to be stated, relative to
the proceeds of sale of said negroes and distribution thereof, the
Chancellor shall allow to the defendant in error, his proportion of
the just value of the services of the said three negroes, from the
19th December, 1825, until the plaintiff in error shall deliver up
said negroes.

KIPP v. HANNA.

A feme covert defendant attached for not answering. The bill amended so as to
charge, that an infant defendant had attained her full age, that she might be com-
pelled to answer as an adult. Where there is a plurality of defendants, and a
commission, with consent of some of them only, has been issued, the testimony so
taken cannot be read against those who had not consented to the issuing of the
commission.

The rule is, that a voluntary conveyance must be deemed void, as against creditors,
where the grantor could not, at the time, have withdrawn the amount from his
estate, without hazard to his creditors, or materially lessening their prospects of
payment. None but those who were creditors, at the time, can sue to have a
voluntary conveyance set aside as fraudulent; but when such a conveyance has
been so vacated, then all other creditors may come in for satisfaction, in full, or
in due proportion. The holders of property under a fraudulent conveyance,
accountable for the rents and profits of it, from the time it was so unjustly with-
held from the creditors.

THIS bill was filed on the 26th of February, 1820, by John
Kipp and Amos Brown, against Alexander B. Hanna and Sarah,
his wife, William Warner, Sarah Hanna, Jr. Mary Hanna, Andrew
Hanna, John Hanna, Robert Hanna, Paul Jacquin, Andrew Hall,
Thomas Tyson, and Frederick G. L. Burhing. The bill stated,
that the defendant Alexander, being entitled to, and in possession
of a chattel interest in a house and lot, in the city of Baltimore,
conveyed it to John P. Boyreau, who conveyed it to the defendant

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 26   View pdf image (33K)
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