1698 ARTICLE 39B

An. Code, 1924, sec. 7. 1920, ch. 395, sec. 7.

7. (Conveyance Made With Intent to Defraud.) Every conveyance
made and every obligation incurred with actual intent, as distinguished
from intent presumed in law, to hinder, delay, or defraud either present or
future creditors, is fraudulent as to both present and future creditors.

See notes to secs. 3, 4 and 6.

Cited in Bauernschmidt v. Bauernschmidt, (Judge Smith, Circuit Court of Baltimore
City), Daily Record, May 16, 1939.

An. Code, 1924, sec. 8. 1920, ch. 395, sec. 8.

8. (Conveyance of Partnership Property.) Every conveyance of part-
nership property and every partnership obligation incurred when the part-
nership is or will be thereby rendered insolvent, is fraudulent as to part-
nership creditors, if the conveyance is made or obligation is incurred,

(a) To a partner, whether with or without a promise by him to pay
partnership debts, or

(b) To a person not a partner without fair consideration to the part-
nership as distinguished from consideration to the individual partners.
As to partnerships, see arts. 73 and 73A.

An. Code, 1924, sec. 9. 1920, ch. 395, sec. 9.

9. (Rights of Creditors Whose Claims Have Matured.) (1) Where a
conveyance or obligation is fraudulent as to a creditor, such creditor, when
his claim has matured, may, as against any person except a purchaser for
fair consideration without knowledge of the fraud at the time of the pur-
chase, or one who has derived title immediately or mediately from such a
purchaser,

(a) Have the conveyance set aside or obligation annulled to the extent
necessary to satisfy his claim, or

(b) Disregard the conveyance and attach or levy execution upon the
property conveyed.

(2) A purchaser who without actual fraudulent intent has given less
than a fair consideration for the conveyance or obligation, may retain the
property or obligation as security for repayment.

Nothing in this article indicates intention to relax rules governing injunction 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 proceed in equity. At-
lantic Lumber Corp. v. Waxman, 162 Md. 191.

Cited in In Re Spotless Tavern Co., 4 F. Supp. 752.

An. Code, 1924, sec. 10. 1920, ch. 395, sec. 10.

10. (Rights of Creditors Whose Claims Have Not Matured.) Where a
conveyance made or obligation incurred is fraudulent as to a creditor
whose claim has not matured he may proceed in a court of competent juris-
diction against any person against whom he could have proceeded had his
claim matured, and the court may,

(a) Restrain the defendant from disposing of his property,

(b) Appoint a receiver to take charge of the property,
(c) Set aside the conveyance or annul the obligation, or
(d) Make any order which the circumstances of the case may require.
See notes to secs. 1 and 9.