2038 ARTICLE 47

under, or the proceeds thereof, to the persons entitled thereto under the
supervision of the equity court having jurisdiction over the same.

This section recognizes right of creditor to proceed under insolvent law after the
recording of the deed of trust. The conventional trustee has no power to set aside a
deed made by a grantor prior to deed of trust, in fraud of rights of creditors, but
insolvent trustee has such fight. Gardner v. Gambrill, 86 Md. 662.

Where a merchant commits acts of insolvency, a subsequent assignment for benefit
of creditors has no effect against insolvent trustee. Willison v. Frostburg Bank, 80 Md.
213 (this section not applicable).

A deed for the benefit of creditors does not require an affidavit by grantee that con-
sideration is true and bona fide. Mackintosh v. Corner, 33 Md. 606.

This section apparently grew out of decision in Riley v. Carter, 76 Md. 581. And
as to law prior to this section, see Pfaff v. Prag, 79 Md. 370; McColgan v. Hopkins,
17 Md. 401.

For deeds for benefit of creditors, conveyances, assignments, transfers, etc., not
involving insolvents, but which were attacked as fraudulent, see Luckemeyer v. Seltz,
61 Md. 313; Matthai v. Heather, 57 Md. 484; Price v. Pitzer, 44 Md. 521; Boyd v.
Parker, 43 Md. 201; Whedbee v. Stewart, 40 Md. 421; Foley v. Bitter, 34 Md. 646;
Crawford v. Austin, 34 Md. 51; Mackintosh v. Corner, 33 Md. 598; Laupheimer v.
Rosenbaum, 25 Md. 219.

For note upon deeds for benefit of creditors, see Kettlewell v. Stewart, 8'Gill, 472.

An. Code, 1924, sec. 35. 1912, sec. 35. 1904, sec. 35. 1898, ch. 355, sec. 4.

37. The provisions of this article shall apply to married women engaged
in business as femes sole.

Prior to the adoption of this section, the law was to the contrary. Clark v. Manko,
80 Md. 82; Relief Bldg. Assn. v. Schmidt, 55 Md. 98.

Cited in dissenting opinion in Tizer v. Tizer, 162 Md. 500.