ART. 47] JURISDICTION——PROVISIONAL TRUSTEE. 1209

ises passes to the Insolvent trustee, and the sale is valid. White v. Malcolm,
15 Md. 543.

Powers and duties of the trustee. His title relates back to the time of the
filng of the petition. Riley v. Carter, 76 Md. 605; Gottschalk v. Smith, 74 Md.
563; Mackubin v. Boarman, 54 Md. 390; Grove v. Reutch, 26 Md. 378; Glenn
v. Gill, 2 Md. 18; Alexander v. Ghiselin, 5 Gill, 179; Hall v. McPherson, 3
Bl. 537.

Jurisdiction.

Insolvent courts have no Jurisdiction to compel executors and administra-
tors of a deceased trustee to account In such court. The insolvent court
may, however, proceed against the trustee for default or neglect of duty.
Although the trustee may proceed in other forums to get in the assets of the
estate, such estate must be dstributed in the insolvent court. The insolvent
court is a court of limited Jurisdiction, and its acts must be shown to be
within its powers. Purviance v. Glenn, 8 Md. 206.

An equity court has no Jurisdiction to remove or appoint an insolvent trus-
tee, though it will exercise ancillary jurisdiction for the prevention of injury,

until the insolvent court can take hold. Powles v. Dilley, 2 Md. Ch. 127;
Powles v. Dilley, 9 Gill, 239.

Provisional trustee.

Under the act of 1829, ch. 208. section 3, the provisional trustee has as full
power to sue for and recover property fraudulently conveyed, as the perma-
nent trustee has. Teackle v. Gibson, 8 Md. 87.

The bond of the permanent trustee not having been approved, the tem-
porary trustee is still in office, and where before the petition in insolvency

creditors have attacked conveyances of the insolvent as fraudulent, the latter
trustee may be made a defendant, and upon the settng aside of the convey-
ance the property vests in him. Haugh v. Maulsby, 68 Md. 426.

This section and section 23 compared as to the persons to whom they are
applicable, and as to the necessity for a deed from the debtor to the prelim-
inary trustee. Clark v. Manko, 80 Md. 82.

Generally.

The bankrupt act does not repeal the insolvent law, but merely suspends it.
The former, when enacted, is paramount and exclusive. The effect of the
bankrupt act and a dscharge in bankruptcy upon a prior discharge in insol-
vency, both when the bankrupt law has been suspended and when it remains
in force. Where a debtor has been discharged in insolvency, his then cred-
itors have no right to prove their claims in a subsequent bankruptcy proceed-
ing. Lavender v. Gosnell, 43 Md. 158.

The insolvent's property being vested in the trustee, is no longer within
the reach of process. Insolvent Estate of Leiman, 32 Md. 240.

Upon the death of the trustee, the Insolvent court must appoint another.
Jamison v. Chestnut, 8 Md. 39.

The failure of an insolvent to file his schedule does not rescind the appoint-
ment of the trustee. A trustee's appointment will not be rescinded because
he was counsel for the applicant and represented no creditors. Teackle v.

Crosby, 14 Md. 21.

Counsel for the trustee can not be paid out of the estate, unless his services
are required in prosecuting or defending the interests of creditors. Nelson v.
Pierson, 8 Md. 300.

A sale should not be set aside—though it may be suspended on terms—upon
the insolvent's petition to the effect that he had misapprehended the nature
of insolvency proceedings, and could get all his creditors to consent to their
dismissal. McHenry v. McVeigh, 56 Md. 582.

What proof of an insolvent trustee's right to sue is required? A general
issue plea does not admit the character in which the plaintiff sues. Winches-
ter v. Union Bank, 2 G. & J. 77.

The same proof of an insolvent trustee's right to sue is required as of the
right of an assignee In bankruptcy. Hall v. Sewell, 9 Gill, 153.

This section shows that this article has no application to married women.
Relief Bldg. Assn. v. Schmidt, 55 Md. 100 (decided prior to the adoption of
section 35).