CHANCERY 563

Generally.

While the bill must allege an existing indebtedness, the evidence or proof of the debt
need not be set out. Before relief can be granted, the claim must be proved. Sinclare v.
Auxiliary Realty Co., 99 Md. 230.

Object of this section. The findings of a jury as to the indebtedness, are entitled
to great weight and should prevail unless the equity court is clearly convinced that
they are erroneous. Goodman v. Wineland, 61 Md. 452.

This section referred to in deciding that a simple contract creditor cannot interfere
in litigation in which the party in possession of property, or claiming title to it, is
engaged. Postal Co. v. Snowden, 68 Md. 123.

The comprehensive language of this section, both as to what may be vacated, and who
may institute the proceeding, commented on and applied in a partnership case. San-
derson v. Stockdale, 11 Md. 573.

This section does away with the necessity of a lien by judgment or otherwise, against
the property, as preliminary to equitable relief. Schaferman v. O'Brien, 28 Md. 574.

This section referred to in determining what creditors may set aside a fraudulent
conveyance. Spuck v. Logan, 97 Md. 159.

This section referred to in discussing the right of a creditor without a judgment to
attack a conveyance on the ground that it is void under a statute. High Grade Brick
Co. v. Amos, 95 Md. 601.

Prior to the act of 1835, ch. 380, sec. 2, equity would not interfere, even against
fraudulent conveyances, until judgment had been obtained. Frederick Bank v. Shafer,
87 Md. 58; Morton v. Grafflin, 68 Md. 562; Christopher v. Christopher, 64 Md. 588;
Wylie v. Basil, 4 Md. Ch. 329; Richards v. Swan, 7 Gill, 377. Cf. Swan v. Dent, 2 Md.
Ch. 117.

Where a bill charges fraud, a plea must be supported by answer—sec. 178.

As to appeals in cases of issues sent to a court of law, see art. 5, sec. 5.

As to fraudulent conveyances, see also arts. 39B, 45 and 47.

Allegations of bill held sufficient under this section. Object of this section. Lipskey v.
Voloshen, 155 Md. 143.

Cited but not construed in Oakford Realty Co. v. Boarman, 156 Md. 73; Hannan v.
Lyddane, 164 Md. 361.

Husband and Wife.

An. Code, 1924, sec. 49. 1912, sec. 48. 1906, ch. 768.

53. Any married man who shall think that the pledging of his credit
by his wife for necessaries is being abused, may apply by petition to any
court of equity in the city of Baltimore, or in the county in which he re-
sides, setting forth the facts upon which he relies, and praying that an
order may be passed prohibiting his wife from pledging his credit. And
thereupon a summons shall be issued for his wife, requiring her to answer
the petition within such time as the court may fix; and if, upon the service
of said summons and the expiration of said time and proof taken, the court
shall be satisfied that the petitioner is supplying his wife with all neces-
saries to which she is entitled, or with funds reasonably sufficient to pur-
chase them, having regard to her station and the means of the petitioner,
and that the pledging of the petitioner's credit is being abused by his wife,
the said Court shall pass an order as prayed in said petition, and notice of
the passage of said order given by the petitioner in writing to any trades-
man or other person shall be sufficient to prevent such tradesman or other
person from recovering from the petitioner for any work thereafter done
for, or goods, wares or merchandise thereafter furnished to the petitioner's
wife or on. her order.

As to "Husband and Wife," see art. 45.

An. Code, 1924, sec. 50. 1912, sec. 49. 1906, ch. 768.

54. Any tradesman or other person who shall, after the receipt of said
notice, institute against the petitioner any action, or make any effort to
collect from him any bill or charge for such goods, wares or merchandise,
or work, shall be liable to an action by the petitioner for damages for the
annoyance and mortification thereby inflicted.