BUCKINGHAM v. PEDDICORD. 447

BUCKINGHAM v. PEDDICORD.

The course of proceeding against a defendant, whose answer, on exceptions, has
been held insufficient; or who has contumaciously neglected to answer; or who
has, on demurrer or plea, failed to protect himself from answering as the bill re-
quires.—The acts of assembly in relation to proceedings against non-resident,
absconding, or contumacious defendants considered.—In all such cases the bill
may be taken pro confesso, or testimony taken, upon which the court pronounces
the decree; and if it has no jurisdiction must dismiss the bill.—How discovery
may be had where the bill may be taken pro confesso.—An insufficient answer is
as no answer; and therefore, upon such default, the bill may be taken pro confesso,
and a final decree passed.

THIS bill was filed on the 2d of December, 1829, by Larkin
Buckingham, administrator of Thomas Evans, deceased, against
Jasper Peddicord, Jeremiah Barthellow, and Asbury Peddicord.
The bill states, that for a debt due to his intestate the plaintiff, as
administrator, brought suit and recovered judgment in the County
Court of Anne Arundel county, at April term, 1828, against the
defendant Jasper Peddicord, for the sum of $885 20, with inte-
rest from the 16th of August, 1825, and costs; that previously
thereto the defendant Jasper, on the 24th of February, 1826, with
the fraudulent intent of avoiding the payment of the judgment,
which he knew would be obtained against him, mortgaged to the
defendant Jeremiah, his son-in-law, one hundred and fifty-one and
a half acres of land lying in Anne Arundel county, for the consi-
deration of $581; and on the same day mortgaged to the defen-
dant Asbury Peddicord, his son, one hundred and twenty-six acres
of land lying in the same county, for the consideration of $927 17;
that afterwards, on the 10th of October, 1827, the defendant Jas-
per, for the consideration of $1,400, conveyed in fee to this defen-
dant Jeremiah, the same land which he had previously mortgaged
to him; and on the 22d of October, 1827, the defendant Jasper,
for the consideration of $2,000, conveyed in fee to the defendant
Asbury, the same land which he had previously mortgaged to him.
The defendant Jasper so thereby conveying all his real estate to his
son-in-law, and son; in consequence of which the plaintiff has
been unable to obtain payment of his judgment, or any part there-
of; that those conveyances were concocted in fraud, with the
intent and purpose of cheating the plaintiff, and other of the cre-
ditors of the defendant Jasper Peddicord, and of avoiding the pay-
ment of his just debts; that the defendant Jasper was not indebted
to the defendants Jeremiah and Asbury the consideration mentioned