1732 ARTICLE 47.

under the sci. fa. Huston v. Ditto, 20 Md. 328. See also Moore v. Garrettson, 6
Md. 448 (involving a variance).

Where after a debtor's discharge, without notice to him, execution is issued on a
judgment obtained prior to such discharge, an injunction will be granted him, his
discharge being a bar to the judgment and he having been afforded no opportunity
to plead it. Starr v. Heckart, 32 Md. 271.

Equity will not restrain execution on a judgment at law upon the ground that
the defendant had been discharged in insolvency and that the judgment was not
entered subject thereto. Katz v. Moore, 13 Md. 566.

Generally.

Fact that petitioner is not actually insolvent does not affect validity of his dis-
charge or oust jurisdiction of court. Weaver v. Leiman, 52 Md. 714.

A discharge cannot be inquired into collaterally. The county court or a judge
thereof in recess, may grant a discharge, etc., and the proceeding is pending from
time application is presented to him. Bowie v. Jones, 1 Gill, 208.

Fact that a deed in the nature of a mortgage provides for payment of debts
barred by a discharge in insolvency, does not render such deed fraudulent in fact.
Wilson v. Russell, 13 Md. 528.

An agreement by petitioning creditors that they will not object to insolvent's
discharge can have no effect on other creditors. Gottschalk v. Smith, 74 Md. 564.

As to the revival of a debt barred by a discharge in insolvency, see Knight v.
House, 29 Md. 200; B. & 0. R. R. Co. v. Clark, 19 Md. 519; Katz v. Moore, 13
Md. 569; Wilson v. Russell, 13 Md. 528.

The application of this section to a vendor's lien, discussed. Willis v. Wright,
22 Md. 379.

The policy of the insolvent laws with reference to a discharge. Baylies v.
Ellicott, 9 Gill, 454.

For cases apparently now inapplicable to this section because of changes in the
law, see Relief Bldg. Assn. v. Schmidt, 55 Md. 99; State v. Reaney, 13 Md. 238;
Glenn v. Karthaus, 4 G. & J. 392; Haddens v. Chambers, 2 Dall. 236.

Cited but not construed in Becker v. Whitehill, 55 Md. 574.

See secs. 7, 21 and 27 and notes.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1854, ch. 193, sec. 5.

6. The discharge of any person under this article is not to release any
other person who may be liable as endorser, surety or otherwise.

This section applied where husband and wife were joint makers of a note, and
the husband alone pleaded a discharge. Allers v. Forbes, 59 Md. 377.

An. Code, sec. 7. 1904, sec. 7. 1888, sec. 7. 1854, ch. 193, sec. 6.

7. No person shall be released or discharged under this article who
has conveyed, concealed or disposed of his property to defraud or delay
his creditors, or prevent the same from being applied to the payment of his
debts, or who has, within one year of the time of filing his petition, by the
conveyance or assignment of his property, or debts or claims, or payment
of money, given an undue and improper preference to any of his creditors.

Although the court has denied an insolvent the benefit of a discharge, such de-
termination is not an adjudication in rem, and does not of itself set aside a con-
veyance as fraudulent, nor is it evidence in a case to the latter end. Syester v.
Brewer, 27 Md. 313.

Failure of applicant to file a schedule does not rescind appointment of the trus-
tee, but does debar the applicant from a discharge. Teackle v. Crosby, 14 Md. 20.

If facts tend to show that insolvent has been guilty of acts prohibited by this
section, it is duty of court to have issues framed. Jaeger v. Requardt, 25 Md. 241.

This section relates rally to cases of insolvency. Triebert v. Burgess, 11 Md. 462.

A deed for benefit of creditors, discussed in connection with this section. Mc-
Colgan v. Hopkins, 17 Md. 401.