ART. 47] DISTRIBUTION OF ESTATE. 1215

1904, art. 47, sec. 10. 1888, art. 47, sec. 10. 1860, art. 48, sec. 9.
1854, ch. 193, sec. 9.

10. Any creditor who shall collude with the insolvent to make his
claim appear larger than it justly is shall forfeit the whole claim for the
benefit of the other creditors.

Ibid sec. 11. 1888, art. 47, sec. 11. 1860, art. 48, sec. 10.
1854, ch. 193, sec. 10.

11. The estates of the insolvent shall be distributed under the order
of the court, according to the principles of equity; and no creditor shall
acquire a lien by fieri facias or attachment, unless the same be levied
before the filing of his petition.

Distribution.

Distribution must be made by the trustee in the insolvency court, and that
court must pass upon all claims and liens. The insolvency court can not by
its order divest itself of jurisdiction. Cross v. Hecker, 75 Md. 576; Manahan
v. Sammon, 3 Md. 475. See also, Wiles v. Wiles, 3 Md. 10; Plerson v. Trail,
1 Md. 142; Carter v. Dennison, 7 Gill, 170; Buschmann v. Hanna, 72 Md. 4
(explaining Thomas v. Brown, 67 Md. 512).

Equity will not assume Jurisdiction over the distribution of the estate of an
Insolvent. Plerson v. Trail, 1 Md. 142; Powles v. Dilley, 9 Gill, 240.

The rule of distribution is the same as that regulating a court of equity.
Clark Co. v. Colton, 91 Md. 217; Fox v. Merfeld, 81 Md. 82; Third Natl. Bank
v. Lanahan, 66 Md. 469; McCulloh v. Dashiell, 1 H. & G. 97.

Where a creditor attaches before the filing of the petition in insolvency,
the property vests in the trustee subject to the inchoate lien of the attaching
creditor. Willison v. Frostburg Bank. 80 Md. 211; Buschmann v. Eanna, 72
Md. 4 (explaining Thomas v. Brown, 67 Md. 512); Dowler v. Cushwa, 27 Md.
365; Manahan v. Sammon, 3 Md. 473; Selby v. Magruder, 6 H. & J. 459.

In order to put this section into operation, an injunction will be granted
restraining further proceedings upon Judgments or attachments. The rights
and priorities of all creditors will be preserved in the distribution. Lynch v.
Roberts, 57 Md. 153.

Where before the commencement of a building the owner confesses Judg-
ment in favor of A. to secure certain advances which A. makes after the com-
mencement of the building, such judgment has priority in the distribution of
an insolvent's estate over a mechanic's lien claim against the building. Rob-
inson v. Consol. Real Estate Co., 55 Md. 106.

Where a part owner surrenders to another part owner all her interest in
certain real estate in consideration of a sum which is not paid, there being
no actual conveyance, and the latter becomes an Insolvent, the former is enti-
tled to a vendor's lien against that portion of the real estate which she thus
sold her co-owner. Thomas v. Farmers' Bauk, 32 Md. 70.

An equitable lien can not be enforced by the mortgagee in an action of
trover against him brought by the insolvent trustee of the mortgagor. The
mortgagee's rights must be asserted in the insolvent court. Crocker v. Hopps,
78 Md. 265.

Where a creditor is compelled to file his claim, and another creditor excepts
to it on the ground of usury, the court will allow the principal of the former's
claim with legal interest. Carter v. Dennison, 7 Gill, 173.

Where A. sells land to B., the latter making a small cash payment and the
former taking notes for the balance and reserving the legal title, C., a party
to whom A. has indorsed and guaranteed the notes, has a priority in the dis-
tribution of the Insolvent's estate, the trustee having sold the land and A.
being compellable to convey the legal title accordingly. Willis v. Wright, 22
Md. 379.

If a claim is valid at the time it is filed in an insolvent estate, it will
not be barred by limitations thereafter. Numerous audits in an insolvent
estate, condemned. Hignutt v. Garey, 62 Md. 192.