1208 INSOLVENTS. [ART. 47

and is the proper party to attack fraudulent conveyances. Waters v. Dashiell,
1 Md. 471.

Whether or not property passes to an insolvent trustee depends upon
whether such property could have been devised or assigned by the Insolvent
or could have descended from him. Hence, the trustee does not take con-
tingent estates, the person to take not being ascertained. The trustee takes
only existing rights. In Re Banks' Will, 87 Md. 429.

This section, in connection with sections 1 and 17, makes it evident that
all the Insolvent's property, whether mentioned in the schedule or not, save
that excepted in section 1, vests in the trustee. The design of insolvent laws
and powers and dutes of trustees, discussed. Zeigler v. King, 9 Md. 333.

Where a fi. fa. has been issued upon a judgment against certain land, but
the land has not been sold, and later a writ of venditioni exponas is issued
on the fi. fa., but prior to the issue of the latter writ the judgment debtor
goes into insolvency, the insolvent trustee takes title to the land, and its
subsequent sale by the sheriff is nugatory, the purchaser being charged with
notice of the insolvent proceedings. The insolvent trustee takes title though
the deed from the insolvent to him is defective. Manahan v. Sammon, H
Md. 470.

Since under our law all of the insolvent's property passes to his trustee, this
rule will be enforced as to property brought to Maryland from another state,
although the laws of the latter do not so provide; so also, as to a deed by
an Insolvent which our law declares fraudulent. Whether a deed be fraudu-
lently obtained from an insolvent, or is the result of fraud practiced upon
him, if thereby his creditors are defrauded, the trustee is the person to claim
the property. All the property of an insolvent wherever situated, is conveyed
to the trustee. Where money is paid an insolvent in consideration of a con-
veyance which is fraudulent as to creditors, the trustee may maintain trover
without returning the money so paid. Contract among creditors not to insti-
tute legal proceedings during a certain period pending an investigation,
upheld. Gardner v. Lewis, 7 Gill, 392.

The insolvency of the holder of a note or bill of exchange passes the title
thereto to his trustee. Somervllle v. Brown, 5 Gill, 425.

Funds of an insolvent in the hands of a receiver in equity vest in the
insolvent trustee from the time of his appointment. Glenn v. Boston Glass
Co., 7 Md. 295.

The right to a trade-mark, not personal, but which denotes the place where
the goods are manufactured, passes to the assignee under bankrupt or Insol-
vent laws. Wilmer v. Thomas, 74 Md. 491.

Though the insolvent has made an absolute transfer of property in the
nature of a trust, such property must be administered by the insolvent trus-
tee. Bank of Westminster v. Whyte, 3 Md. Ch. 511.

The insolvency of the buyer does not revoke a purchase of goods made
prior to the insolvency. The seller has his right of stoppage in transitu, but
if the goods are once delivered, title vests in the assignee. The same prin-
ciple apples to an assignment for the benefit of creditors. McElroy v. Seery,
61 Md. 398.

For a case where property was held to have passed to an insolvent trustee
subject to liens, see Repp v. Repp, 12 G. & J. 352.

The Insolvent trustee has no power to sell without an order of court.
Where an equitable title is vested in an insolvent, G. & B. holding the legal
title as security for certain claims, the insolvent trustee can only sell the equi-
table title. If this is not advantageous, the trustee may institute proceedings
in equity against G. & B. Where the trustees are the same in two insolvent
cases, they cannot file a bond in one of the cases conditioned upon a perform-
ance of their duties in both cases. Bach case must be conducted separately,
though property owned by the two insolvents jointly may be sold at the
same time. Gable v. Scott, 56 Md. 181.

Where a claim is filed and allowed in the audit and there are no excep-
tions, it is the duty of the trustee to pay it The credtors may litigate inter
gese, but the law does not impose this duty upon the trustee. Walsh v. Boyle,
30 Md. 267.

Where a sale of mortgaged premises is made and reported prior to the
application of the mortgagor in insolvency, no title to the mortgaged prem-