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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 503   View pdf image (33K)
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FRAUDULENT CONVEYANCES. 503

ARTICLE 39B.

FRAUDULENT CONVEYANCES.

1.

Decree for alimony is debt and conveyance by husband to prevent wife from
obtaining alimony is fraudulent and may be set aside unless purchaser took
in good faith, without notice, and for value. Levin v. Levin, 166 Md. 453.

This article cited but not construed in Coffman v. Publishing Co., 167 Md. 288.

2.

Neither insolvency nor fraud made out. Bank v. Thomas, 151 Md. 252.

3.

Marriage is sufficient consideration to support pre-nuptial conveyance though
it operates to prejudice of creditors, unless grantee was implicated in fraud.
Conveyance upheld. Braecklein v. McNamara, 147 Md. 21; Cf. Merchants' Bank
v. Page, 147 Md. 609.

Satisfaction of antecedent debt is fair consideration for transfer in good faith
of property equivalent in value to debt. Fraud not made out. Wareheim v.
Bayliss, 149 Md. 107.

Cited but not construed in Drury v. State Capital Bank, 163 Md. 91; Marcus v.
Hudgins, Daily Record, January 31, 1935.

See notes to sec. 4.

4.

Mortgage given by wife to pay indebtedness of husband is no more than vol-
untary gift and is void as to creditors of wife (See notes to sec. 3). Merchants'
Bank v. Page, 147 Md. 609.

Cited but not construed in separate opinion in Hammond v. Lyon Realty Co...
163 Md. 466.

Cited but not construed in Marcus v. Hudgins, Daily Record, Jan. 31, 1935.

6.

To set aside a conveyance on the ground that it was made to defraud subse-
quent creditors, it is necessary to allege that fact and to prove such fraud.
Oakford Realty Co. v. Boarman. 156 Md. 65.

Cited but not construed in Dollar Cleansers v. McGregor, 163 Md. 110.

7.

See notes to secs. 3, 4 and 6.

9.

Nothing in this article indicates intention to relax rules governing injunction1
and receivership, or to deprive creditor of right to attack fraudulent conveyances;
in equity. Lipskey v. Voloshen, 155 Md. 143.

The fact that a creditor has an adequate remedy at law, by attachment or
execution, as regards a fraudulent conveyance, does not affect his right to pro-
ceed in equity. Atlantic Lumber Corp. v. Waxman, 162 Md. 191.

10.

See notes to secs. 1 and 9.

14.

See notes to sec. 9.


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 503   View pdf image (33K)
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