INSOLVENTS. 1745

The constitutional right of removal has no application to insolvency proceeding
or issues framed in pursuance thereof. Bel Air, etc., Club v. State, 74 Md. 300;
Trayhern v. Hamill, 53 Md. 90; Michael v. Schroeder, 4 H. & J. 227.

Where before a petition under this section is filed petitioning creditors file their
claims for their distributive shares under a deed for benefit of creditors, such action
does not amount to an estoppel. So long as deed of trust stands, it is effectual.
Castleberg v. Wheeler, 68 Md. 273.

The insolvent law prior to ameadment which added the involuntary feature, did
not contemplate insolvency of co-partnership or joint debtors. There is nothing
in this section to change the law in this respect. Gator v. Martin, 57 Md. 401.
See Pinckney v. Lanahan, 62 Md. 454; Schiff v. Solomon, 57 Md. 581. See also
sec. 28.

Intention of sections regulating involuntary insolvency. Law prior to the adop-
tion of sec. 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.

An. Code, sec. 24. 1904, sec. 24. 1888, 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, tenements 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; pro-
vided the creditors of the grantor in such deeds, conveyances or assignments
shall avail themselves of the provisions 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 insol-
vent, as to same instruments and acts when attacked by insolvent trustee. The rule
is applicable alike in insolvent court and in 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 same time placing it beyond reach of creditors, and hence has no
application to a deed of trust for benefit of creditors made bona fide and giving
no preferences. Pfaff v. Prag, 79 Md. 370. (See sec. 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).

An. Code, sec. 25. 1904, see. 25. 1888, 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 provided, 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