1226 INSOLVENTS. [ART. 47

The intention of the sections regulating involuntary insolvency. The law
prior to the adoption of section 34: Riley v. Carter, 76 Md. 605. See also
in this connection, Pfaff v. Prag, 79 Md. 372.

Cited but not construed in Gardner v. Gambrill, 86 Md. 660.

As to the debtor's discharge, see sec. 5 and notes.

1904, art. 47, sec. 24. 1S8S, art. 47, sec. 24. 1880, ch. 172, sec. 25. 1896, ch. 446.

24. If any deed, conveyance, assignment, gift, transfer or delivery
be made of any goods, chattels, money, choses in action, lands, tene-
ments or other property, or lien created thereon when the grantor or
person creating the same is insolvent or in contemplation of insolvency,
the same shall be prima facie intended to hinder, delay and defraud
the creditors of the person by whom the same is made, and the burden
of proof shall rest upon him and the grantee to explain the same and
show bona fides thereof; provided the creditors of the grantor in such
deeds, conveyances or assignments shall avail themselves of the pro-
visions of this article

This section prescribes a new rule of evidence which is applicable as
well to deeds, conveyances, gifts and transfers relied on to have a debtor
adjudged insolvent, as to the same instruments and acts when attacked
by the insolvent trustee. The rule is applicable alike in the Insolvent court
and in a court of law and equity. Vogler v. Rosenthal, 85 Md. 46.

This section was aimed at conveyances which stripped an insolvent of
any part of his property, at the same time placing it beyond the reach of
creditors, and hence has no application to a deed of trust for the benefit of
creditors made bona fide and giving no preferences. Pfaff v. Prag, 79 Md.
370. (See section 34).

This section applied. Smith v. Pattison, 84 Md. 344.

Prior to the adoption of this section the law was to the contrary. Syester
v. Brewer, 27 Md. 316; Maennel v. Murdock, 13 Md. 178.

Cited but not construed in Applegarth v. Wagner, 86 Md. 474; Brown v.
Smart, 69 Md. 332 (affirmed in 145 U. S. 454).

As to transfers by limited co-partnerships and general and special partners
in contemplation of insolvency, see art. 73, sections 15 and 16; see also, art
73, sec. 18.

Ibid. sec. 25. 1888, art. 47, sec. 25. 1880. ch. 172. sec. 26. 1888, ch. 275.

1892, ch. 658.

25. If any real estate, chattel, real or personal property of the
insolvent shall have been decreed to be sold by virtue of any decree
of any court of equity for the enforcement of a mortgage, or if there
be a power of sale, or a consent to a decree for a sale contained in
any mortgage, or bill of sale of real estate, chattels, real or personal
property of the insolvent, as the case may be. the filing of the petition
in insolvency, either by or against the insolvent, as hereinbefore pro-
vided, and the subsequent proceedings in insolvency on such petition
shall not disturb, defeat or impair the right of the mortgagee to apply
for a decree, or of the trustee named in the decree, or the mortgagee;
or bargainee, or his assignee, or person authorized in the mortgage or
bill of sale to make sale to proceed with such sale, or to execute the
power of sale contained in said decree, mortgage, or bill of sale,
unless the right, or power or consent to decree shall be waived in
writing by the mortgagee or his proper representatives, and in all
such cases, in the absence of waiver of right by the mortgagee or his