2022 ARTICLE 47

For a transfer from a husband to his wife held void upon a bill in equity by the
insolvent trustee, see Manning v. Carruthers, 83 Md. 1.

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

Title and powers of trustee and creditors.

While a trustee takes property subject to valid liens, his control over it and right
to recover it are not wholly limited to what the insolvent might do. The trustee
represents all creditors. Applegarth v. Wagner, 86 Md. 472.

Where there is a fraudulent transfer of money and property, the insolvent trustee
may sue therefore a law. Teackle v. Gibson, 8 Md. 87.

Where an insolvent has made a deed for the benefit of creditors which has been
declared void, the property vests at once in insolvent trustee, and if any of such
property has been sold, the proceeds belong to the trustee. Lynch v. Roberts, 57 Md. 153.

The insolvent trustee is the proper party to impeach a deed as fraudulent, and claim
the property for use of creditors. Proof of fraud. Waters v. Dashiell, 1 Md. 472.

Where trustee refuses to institute proceedings to avoid a fraudulent conveyance,
the creditors may do so themselves: Insolvent Estate of Leiman, 32 Md. 242; Jamison
v. Chestnut, 8 Md. 38. But see Powles v. Dilley, 2 Md. Ch. 119.

Where creditors themselves attack a conveyance as fraudulent, insolvent trustee is
a necessary party. Immediately upon setting aside of such a conveyance, title vests
in trustee. Jamison v. Chestnut, 8 Md. 38. And see Swan v. Dent, 2 Md. Ch. 111.

Under act of 1829, ch. 208, sec. 3, the provisional trustee has as full power to sue
for and recover property fraudulently conveyed as permanent trustee has. Teackle v.
Gibson, 8 Md. 87.

Generally.

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

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

What a bill to set aside a conveyance under this section must allege. Ensor v. Keech,
64 Md. 380.

For a note upon fraudulent conveyances, see Swan v. Dent, 2 Md. Ch. 111.

For cases involving similar provisions of the bankrupt act, see Ecker v. McAllister,
54 Md. 373; Ecker v. McAllister, 45 Md. 305.

For cases apparently no longer applicable to this section because of changes in
the law, see Waters v. Riggin, 19 Md. 537; Brooks v. Thomas, 8 Md. 367; Stewart v.
Union Bank, 7 Gill, 439; Gardner v. Lewis, 7 Gill, 379; Cole v, Albers, 1 Gill, 422;
Crawford v. Taylor, 6 G. & J. 330; Brooks v. Thomas, 4 Md. Ch. 15. See also sec. 24.

Cited but not construed in separate opinion in Hammond v. Lyon Realty Co.,
163 Md. 459, 461.

Cited but not construed in Coffman v. Publishing Co., 167 Md. 288.

See secs. 14 and 24 and notes.

As to conveyances from husband to wife, see art. 45, secs. 1 and 2.

An. Code, 1924, sec. 9. 1912, sec. 9. 1904, sec. 9. 1888, sec. 9. 1854, ch. 193, sec. 8.

9. Any judgment or decree confessed to give an undue preference to
any creditor, or for the purpose of defrauding any creditor, shall be void
and excluded in the distribution under this article.

If the 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 only to cases of insolvency. Triebert v. Burgess, 11 Md. 462.

An. Code, 1924, sec. 10. 1912, sec. 10. 1904, sec. 10. 1888, sec. 10. 1854, ch. 193, sec. 9,

10. Any creditor who shall collude with the insolvent to make his claim
appear larger than it justly is shall forfeit the whole claim f or the benefit
of the other creditors.

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, sec. 11. 1854, ch. 193, sec. 10.

11. The estates of the insolvent shall be distributed under the order
of the court, according to the principles of equity; and no creditor shall