366 INSOLVENTS. [ART. 47

i L

lands, tenements or other property, or lien created thereon when
the grantor or person creating the same is insolvent or in contem-
plation of insolvency, the same shall be prima facie intended to
hinder, delay and defraud the creditors of the person by whom
. the same is made, and the burden 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 pro-
visions, of this article.

Castleberg v. Wheeler, 68 Md. 266. Brown v. Smart, 69 Md. 332. Pfaff v.
Prag, 79 Md. 370. Smith v. Pattison, 84 Md. 844. Vogler v. Rosenthal, 85
Md. 47-9. Applegarth v. Wagner, 86 Md. 474

1892, ch. 658

25. If any real estate, chattel, real or personal property of
the 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, or a consent to a
decree for a sale contained in any mortgage, or bill of sale of
Teal estate, chattels, real or personal property of the insolvent, as

the case may be, the filing of the petition in insolvency, either
by or against the insolvents, as hereinbefore provided, and the
subsequent proceedings in insolvency on such petition shall not
disturb, defeat, or impair the right of the mortgagee to apply
for a decree or of the trustee named in the decree, or the mort-
gagee, or bargainee, or his assignee, or person authorized in the
mortgage as bill of sale to make sale to proceed with such sale,
or to execute the power of sale contained in said decree, mort-
. gage, or bill of sale, unless the right, or power or consent to
decree shall be waived in writing by the mortgagee, or, his
proper representatives, and in all such cases in the absence

of waiver of right by the mortgagee or his proper representa-
tives, as hereinbefore provided, the trustee in insolvency shall
only be authorized to sell the equity of redemption of the insol-
vent in all such property by decree, mortgage or bill of sale as
aforesaid.

1894, ch. 568.

33 A. The provisions of this article shall not be construed to
apply to, or in any manner affect or impair any bona fide deed or