ART. 47.] INSOLVENTS—TRUSTEES' SALES. 839
when insolvent or in contemplation of insolvency, the same shall
be prima facie intended to hinder, delay and defraud the cred-
itors of the person by whom the same is made, and the burthen
of proof shall rest upon him and the grantee to explain the same
and show the bona fides thereof; provided, the creditors of the
grantor in such deeds, conveyances or assignments shall avail
themselves of the provisions of this article.
1880, ch. 172, sec. 26. 1888, ch. 275.
25. If any real or personal property of an insolvent shall have
been decreed to be sold by virtue of any decree of any court of
equity for the enforcement of a mortgage, or if there be a power
of sale contained in any mortgage or bill of sale of real or per-
sonal property, as the case may be, the filing of the petition in
insolvency, either by or against the insolvent, as hereinbefore pro-
vided, and the subsequent proceedings in insolvency on such peti-
tion shall not disturb, defeat or impair the right of the trustee
named in the decree, or the mortgagee, or bargainee, or his as-
signee, or person authorized in the mortgage or bill of sale to
make sale, to proceed with such sale, or to execute the power of
sale contained in said decree, mortgage or bill of sale, unless the
right or power shall be waived, in writing, by the mortgagee, or
his proper representatives, and in all such coses, in the absence of
waiver of right by the mortgagee or his proper representatives as
hereinbefore provided, the trustee in insolvency shall only be
authorized to sell the equity of redemption of the insolvent in all
such property covered by decree, mortgage or blll of sale as
aforesaid.
Alexander v. Ghiselin, 5 Gill, 180, Carter v. Dennison, 7 Gill, 170. Gray v.
Lynch, 8 Gill, 426. Powles v. Dilley, 9 Gill, 240. Pierson v. Trail, 1 Md 143.
Glenn v.Gill, 2 Md 18. Evans v. Spngg, 2 Md. 457. Wiles v.Wiles, 3 Md. 10.
Manahan v. Sammon, 3 Md 463. Poe v. Duck, 5 Md 1. Escbbach v. Pitts, 6
Md 75. Jamison v. Chestnut, 8 Md 34. Purviance v. Glenn, 8 Md. 206.
Zeigler v. King, 9 Md. 335. White v. Malcolm, 15 Md 529 Waters' Lessee v.
Riggin, 19 Md. 516 Berry v. Skinner, 30 Aid. 567. Dill v. Satterfield, 34
Md. 52. Harmckell Orndorff, 35 Md. 341. Brown t> Hazlehurst, 54 Md 26.
Mackubbin v. Boarman, 54 Md. 384. Ensor v.Lewis, 54 Md. 397. Abell v.
Brown, 55 Md 217. Gable v. Scott, 56 Md. 181. McHenry v. McVeigh, 56
Md. 578. Ensor v. Keech, 64 Md. 378.
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