1232 INSOLVENTS. [ART. 47

this article, the trustee or trustees named in such deed or conveyance
may lawfully and without any interference of, or claim by or upon
the part of, the preliminary or permanent trustee in insolvency of
such grantor or grantors proceed to fully administer the trusts created
by such deed or conveyance and distribute the property and estate
passing thereunder, or the proceeds thereof, to the persons entitled
thereto under the supervision of the equity court having jurisdiction
over the same.

This section recognizes the right of a creditor to proceed under the insol-
vent law after the recording of the deed of trust The conventional trustee
has no power to set aside a deed made by a grantor prior to the deed of
trust, in fraud of the rights of creditors, but the insolvent trustee has such
right. Gardner v. Gambrill, 86 Md. 662.

Where a merchant commits acts of insolvency, a subsequent assignment
for the benefit of creditors has no effect against the Insolvent trustee. Wil-
lison v. Frostburg Bank, 80 Md. 213 (this section not applicable).

A deed for the benefit of creditors does not require an affidavit by the
grantee that the consideration is true and bona fide. Mackintosh v. Corner,
33 Md. 606.

This section apparently grew out of the decision in Riley v. Carter, 76 Md.
581. And as to the law prior to this section, see Pfaff v. Prag, 79 Md. 370;
McColgan v. Hopkins, 17 Md. 401.

For deeds for the benefit of creditors, conveyances, assignments, transfers,
etc., not involving insolvents, but which were attacked as fraudulent, see
Luckemeyer v. Seltz, 61 Md. 313; Matthai v. Heather, 57 Md. 484; Price v.
Pitzer, 44 Md. 521; Boyd v. Parker, 43 Md. 201; Whedbee v. Stewart, 40 Md.
421; Foley v. Bitter, 34 Md. 646; Crawford v. Austin, 34 Md. 51; Mackintosh
v. Corner, 33 Md. 598; Laupheimer v. Rosenbaum, 25 Md. 219.

For note upon deeds for the benefit of creditors, see Kettlewell v. Stewart,
8 Gill, 472.

1904, art. 47, sec. 35. 1898, ch. 355, sec. 4.

35. The provisions of this article shall apply to married women
engaged in business as femes sole.

Prior to the adoption of this section, the law was to the contrary. Clark
v. Manko, 80 Md. 82; Relief Bldg Assn. v. Schmidt, 55 Md. 98.